June 13, 1967 CONGRESSIONAL RECORD - HOUSE 15641

'
groups from other nations. This bi-
partisan organization is doing something
more than just talking about interna-
tional understanding-it is doing some-
thing about it.
If mankind is ever to abolish war from
the face of the earth, we first must
break down the barriers of mistrust and
suspicion among the peoples of the
world. There is no better way to accom-
plish this than through just such pro-
grams as this one conducted by the
American Council of Young Political
Leaders.
These young people will be the lead-
ers of the world in years to come. They
will be better leaders, more understand-
ing and tolerant leaders, if they are able
to expand their knowledge of other na-
tions, other peoples, and other political
systems.
This is why, Mr. Speaker, I am so
pleased with the work being done by
the American Council of Young Politi-
cal Leaders. They have my wholehearted
support in their program to further
world understanding.
THE 14TH AMENDMENT-EQUAL
PROTECTION LAW OR TOOL OF
USURPATION
Mr. PRYOR. Mr. Speaker, I ask
unanimous consent that the gentleman
from Louisiana [Mr. RARICK] may ex-
tend his remarks at this point in the
RECORD and include extraneous matter.
The SPEAKER pro tempore. Is there
objection to the request of the gentleman
from Arkansas?
There was no objection.
Mr. RARICK. Mr. Speaker, arrogantly
ignoring clearcut expressions in the Con-
stitution of the United States, the de-
clared intent of its drafters notwith-
standing, our unelected Federal judges
read out prohibitions of the Constitution
of the United States by adopting the
fuzzy haze of the 14th amendment to
legislate their personal ideas, prejudices,
theories, guilt complexes, aims, and
whims.
Through the cooperation of intellec-
tual educators, we have subjected our-
selves to accept destructive use and
meaning of words and phrases. We
blindly accept new meanings and
changed values to alter our traditional
thoughts.
We have tolerantly permitted the ha-
bitual misuse of words to serve as a
vehicle to abandon our foundations and
goals. Thus, the present use and expan-
sion of the 14th amendment is a sham-
serving as a crutch and hoodwink to pre-
cipitate a quasi-legal approach for over-
throw of the tender balances and pro-
tections of limitation found in the Con-
stitution.
But, interestingly enough, the 14th
amendment-whether ratified or not-
was but the expression of emotional out-
pouring of public sentiment following the
War Between the States.
Its obvious purpose and intent was but
to free human beings from ownership as
a chattel by other humans. Its aim was
no more than to free the slaves.
As our politically appointed Federal
judiciary proceeds down their chosen
path of chaotic departure from the peo-
ples' government by substituting their
personal law rationalized under the 14th
amendment, their actions and verbiage
brand them and their team as seces-
sionists-rebels with pens instead of
guns-seeking to divide our Union.
They must be stopped. Public opinion
must be aroused. The Union must and
shall be preserved.
Mr. Speaker, I ask to include in the
RECORD, following my remarks, House
Concurrent Resolution 208 of the Louisi-
ana Legislature urging this Congress to
declare the 14th amendment illegal. Also,
I include in the RECORD an informative
and well-annotated treatise on the il-
legality of the 14th amendment-the
play tOY of our secessionist judges-
which has been prepared by Judge
Leander H. Perez, of Louisiana.
The material referred to follows:
H. CON. RES. 208
A concurrent resolution to expose the un-
constltutlonallty of the 14th admendment
to the Constitution of the United States;
to Interpose the sovereignty of the State
of Louisiana against the execution of said
amendment In this State; to memorlallze
the Congress of the United States to re-
peal Its joint resolution of July 28, 1868,
declaring that said amendment had been
ratified; and to provide for the distribu-
tion of certified copies of this resolution
Whereas the purported 14th Amendment
to the United States Constitution was never
lawfully adopted In accordance with the re-
quirements of the United States Constitu-
tion because eleven states of the Union were
deprived of their equal suffrage In the Sen-
ate in violation of Article V, when eleven
southern states, Including Louisiana. were
excluded from dellberatlon and decision In
the adoption of the Joint Resolution pro-
posing said 14th Amendment; said Resolution
was not presented to the President of the
United States In order that the same should
take effect. as required by Article 1. Section
7; the proposed amendment was not rati-
fied by three-fourths of the states. but to
the contrary fifteen states of the then
thirty-seven states of the Union rejected the
proposed 14th Amendment between the
dates of Its submission to the states by the
Secretary of State on June 16. 1866 and
March 24, 1868. thereby nulllfying said
Resolution and making It Impossible for rati-
fication by the constitutionally required
three-fourths of such states; said southern
states which were denied their equal suf-
frage In the Senate had been recognized by
proclamations of the President of the United
States to have duly constituted governments
with all the powers which belong to free
states of the Union. and the Legislatures of
seven of said southern states had ratified the
13th Amendment which would have failed
of ratification but for the ratification of said
seven southern states; and
Whereas the Reconstruction Acts of Con-
gress unlawfully overthrew their existing
governments. removed their lawfully consti-
tuted legislatures by m!l!tary force and re-
placed them with rump legislatures which
carried out m!l!tary orders and pretended
to ratify the 14th Amendment; and
Whereas In spite of the fact that the Sec-
retary of State In his first proclamation.
on July 20. 1868. expressed doubt as to
whether three-fourths of the required states
had ratified the 14th Amendment. Congress
nevertheless adopted a resolution on July 28.
1868. unlawfully declaring that three-fourths
of the states had ratified the 14th Amend-
ment and directed the Secretary of State to
so proclaim, said Joint Resolution of Con-
gress and the resulting proclamation of the
Secretary of State Included the purported
ratifications of the military enforced rump
legislatures of ten southern states whose
lawful legislatures had previously rejected
said 14th Amendment. and also Included
purported ratifications by the legislatures
of the States of Ohio and New Jersey although
they had withdrawn their legislative rati-
fications several months previously. all of
which proves absolutely that said 14th
Amendment was not adopted In accordance
with the mandatory constitutional require-
ments set forth In Article V of the Constitu-
tion and therefore the Constitution Itself
strikes with nulllty the purported 14th
Amendment.
Now therefore be It resolved by the Legis-
lature of Louisiana. the House of Representa-
tives and the Senate concurring:
(1) That the Legislature go on record as
exposing the unconstltutionallty of the 14th
Amendment, and Interposes the sovereignty
of the State of Louisiana against the execu-
tion of said 14th Amendment against the
State of Louisiana and Its people;
(2) That the Legislature of Louisiana op-
poses the use of the Invalld 14th amend-
ment by the Federal courts to Impose further
unlawful edicts and hardships on Its people;
(3) That the Congress of the United States
be memorlallzed by this Legislature to repeal
its unlawful Joint Resolution of July 28,
1868. declaring that three-fourths of the
states had ratified the 14th Amendment to
the United States Constitution;
(4) That the Legislatures of the other
states of the Union be memoriallzed to give
serious study and consideration to take sim-
ilar action against the valldity of the 14th
Amendment and to uphold and support the
Constitution of the United States which
strikes said 14th Amendment with nUllity;
and
(5) That copies of this Resolution. duly
certified. together with a copy of the treatise
on "The Unconstltutionallty of the 14th
Amendment" by JUdge L. H. Perez. be for-
warded to the Governors and Secretaries of
State of each state in the Union, and to the
Secretaries of the United States Senate and
House of Congress. and to the Louisiana Con-
gressional delegation. a copy hereof to be
publlshed in the Congressional Record.
VAIL M. DELONY.
Speaker 0/ the House 0/ Representatives.
C. C. AYCOCK.
Lieutenant Governor and President
0/ the Senate.
THE 14TH AMENDMENT Is UNCONSTITUTIONAL
The purported 14th Amendment to the
United States Constitution Is and should be
held to be Ineffective. Invalid. null. void and
unconstitutional for the following reasons:
1. The Joint Resolution proposing said
Amendment was not submitted to or adopted
by a Constitutional Congress. Article I. Sec-
tion 3. and Article V of the U.S. Constitution.
2. The JOint Resolution was not submitted
to the President for his approval. Article I.
Section 7.
3. The proposed 14th Amendment was re-
jected by more than one-fourth of all the
States then in the Union, and it was never
ratified by three-fourths of all the States In
the Union. Article V.
I. THE UNCONSTITUTIONAL CONGRESS
The U.S. Constitution provides:
Article I. Section 3. "The Senate of the
United States shall be composed of two Sen-
ators from each State • • ."
Article V provides: "No State. without Its
consent, shall be deprived of Its equal suf-
frage In the Senate."
The fact that 23 Senators had been unlaw-
fully excluded from the U.S. Senate. In order
to secure a two-thirds vote for adoption of
the Joint Resolution proposing the 14th
Amendment Is shown by Resolutions of pro-
June 13, 1967 CONGRESSIONAL RECORD - HOUSE 15641'
groups from other nations. This bi-
partisan organization is doing something
more than just talking about interna-
tional understanding-it is doing some-
thing about it.
If mankind is ever to abolish war from
the face of the earth, we first must
break down the barriers of mistrust and
suspicion among the peoples of the
world. There is no better way to accom-
plish this than through just such pro-
grams as this one conducted by the
American Council of Young Political
Leaders.
These young people will be the lead-
ers of the world in years to come. They
will be better leaders, more understand-
ing and tolerant leaders, if they are able
to expand their knowledge of other na-
tions, other peoples, and other political
systems.
This is why, Mr. Speaker, I am so
pleased with the work being done by
the American Council of Young Politi-
cal Leaders. They have my wholehearted
support in their program to further
world understanding.
THE 14TH AMENDMENT-EQUAL
PROTECTION LAW OR TOOL OF
USURPATION
Mr. PRYOR. Mr. Speaker, I ask
unanimous consent that the gentleman
from Louisiana [Mr. RARICK] may ex-
tend his remarks at this point in the
RECORD and include extraneous matter.
The SPEAKER pro tempore. Is there
objection to the request of the gentleman
from Arkansas?
There was no objection.
Mr. RARICK. Mr. Speaker, arrogantly
ignoring clearcut expressions in the Con-
stitution of the United States, the de-
clared intent of its drafters notwith-
standing, our unelected Federal judges
read out prohibitions of the Constitution
of the United States by adopting the
fuzzy haze of the 14th amendment to
legislate their personal ideas, prejudices,
theories, guilt complexes, aims, and
whims.
Through the cooperation of intellec-
tual educators, we have subjected our-
selves to accept destructive use and
meaning of words and phrases. We
blindly accept new meanings and
changed values to alter our traditional
thoughts.
We have tolerantly permitted the ha-
bitual misuse of words to serve as a
vehicle to abandon our foundations and
goals. Thus, the present use and expan-
sion of the 14th amendment is a sham-
serving as a crutch and hoodwink to pre-
cipitate a quasi-legal approach for over-
throw of the tender balances and pro-
tections of limitation found in the Con-
stitution.
But, interestingly enough, the 14th
amendment-whether ratified or not-
was but the expression of emotional out-
pouring of public sentiment following the
War Between the States.
Its obvious purpose and intent was but
to free human beings from ownership as
a chattel by other humans. Its aim was
no more than to free the slaves.
As our politically appointed Federal
judiciary proceeds down their chosen
path of chaotic departure from the peo-
ples' government by substituting their
personal law rationalized under the 14th
amendment, their actions and verbiage
brand them and their team as seces-
sionists-rebels with pens instead of
guns-seeking to divide our Union.
They must be stopped. Public opinion
must be aroused. The Union must and
shall be preserved.
Mr. Speaker, I ask to include in the
RECORD, following my remarks, House
Concurrent Resolution 208 of the Louisi-
ana Legislature urging this Congress to
declare the 14th amendment illegal. Also,
I include in the RECORD an informative
and well-annotated treatise on the il-
legality of the 14th amendment-the
play tOY of our secessionist judges-
which has been prepared by Judge
Leander H. Perez, of Louisiana.
The material referred to follows:
H. CON. RES. 208
A concurrent resolution to expose the un-
constltutlonallty of the 14th admendment
to the Constitution of the United States;
to Interpose the sovereignty of the State
of Louisiana against the execution of said
amendment In this State; to memorlallze
the Congress of the United States to re-
peal Its joint resolution of July 28, 1868,
declaring that said amendment had been
ratified; and to provide for the distribu-
tion of certified copies of this resolution
Whereas the purported 14th Amendment
to the United States Constitution was never
lawfully adopted In accordance with the re-
quirements of the United States Constitu-
tion because eleven states of the Union were
deprived of their equal suffrage In the Sen-
ate in violation of Article V, when eleven
southern states, Including Louisiana. were
excluded from dellberatlon and decision In
the adoption of the Joint Resolution pro-
posing said 14th Amendment; said Resolution
was not presented to the President of the
United States In order that the same should
take effect. as required by Article 1. Section
7; the proposed amendment was not rati-
fied by three-fourths of the states. but to
the contrary fifteen states of the then
thirty-seven states of the Union rejected the
proposed 14th Amendment between the
dates of Its submission to the states by the
Secretary of State on June 16. 1866 and
March 24, 1868. thereby nulllfying said
Resolution and making It Impossible for rati-
fication by the constitutionally required
three-fourths of such states; said southern
states which were denied their equal suf-
frage In the Senate had been recognized by
proclamations of the President of the United
States to have duly constituted governments
with all the powers which belong to free
states of the Union. and the Legislatures of
seven of said southern states had ratified the
13th Amendment which would have failed
of ratification but for the ratification of said
seven southern states; and
Whereas the Reconstruction Acts of Con-
gress unlawfully overthrew their existing
governments. removed their lawfully consti-
tuted legislatures by m!l!tary force and re-
placed them with rump legislatures which
carried out m!l!tary orders and pretended
to ratify the 14th Amendment; and
Whereas In spite of the fact that the Sec-
retary of State In his first proclamation.
on July 20. 1868. expressed doubt as to
whether three-fourths of the required states
had ratified the 14th Amendment. Congress
nevertheless adopted a resolution on July 28.
1868. unlawfully declaring that three-fourths
of the states had ratified the 14th Amend-
ment and directed the Secretary of State to
so proclaim, said Joint Resolution of Con-
gress and the resulting proclamation of the
Secretary of State Included the purported
ratifications of the military enforced rump
legislatures of ten southern states whose
lawful legislatures had previously rejected
said 14th Amendment. and also Included
purported ratifications by the legislatures
of the States of Ohio and New Jersey although
they had withdrawn their legislative rati-
fications several months previously. all of
which proves absolutely that said 14th
Amendment was not adopted In accordance
with the mandatory constitutional require-
ments set forth In Article V of the Constitu-
tion and therefore the Constitution Itself
strikes with nulllty the purported 14th
Amendment.
Now therefore be It resolved by the Legis-
lature of Louisiana. the House of Representa-
tives and the Senate concurring:
(1) That the Legislature go on record as
exposing the unconstltutionallty of the 14th
Amendment, and Interposes the sovereignty
of the State of Louisiana against the execu-
tion of said 14th Amendment against the
State of Louisiana and Its people;
(2) That the Legislature of Louisiana op-
poses the use of the Invalld 14th amend-
ment by the Federal courts to Impose further
unlawful edicts and hardships on Its people;
(3) That the Congress of the United States
be memorlallzed by this Legislature to repeal
its unlawful Joint Resolution of July 28,
1868. declaring that three-fourths of the
states had ratified the 14th Amendment to
the United States Constitution;
(4) That the Legislatures of the other
states of the Union be memoriallzed to give
serious study and consideration to take sim-
ilar action against the valldity of the 14th
Amendment and to uphold and support the
Constitution of the United States which
strikes said 14th Amendment with nUllity;
and
(5) That copies of this Resolution. duly
certified. together with a copy of the treatise
on "The Unconstltutionallty of the 14th
Amendment" by JUdge L. H. Perez. be for-
warded to the Governors and Secretaries of
State of each state in the Union, and to the
Secretaries of the United States Senate and
House of Congress. and to the Louisiana Con-
gressional delegation. a copy hereof to be
publlshed in the Congressional Record.
VAIL M. DELONY.
Speaker 0/ the House 0/ Representatives.
C. C. AYCOCK.
Lieutenant Governor and President
0/ the Senate.
THE 14TH AMENDMENT Is UNCONSTITUTIONAL
The purported 14th Amendment to the
United States Constitution Is and should be
held to be Ineffective. Invalid. null. void and
unconstitutional for the following reasons:
1. The Joint Resolution proposing said
Amendment was not submitted to or adopted
by a Constitutional Congress. Article I. Sec-
tion 3. and Article V of the U.S. Constitution.
2. The JOint Resolution was not submitted
to the President for his approval. Article I.
Section 7.
3. The proposed 14th Amendment was re-
jected by more than one-fourth of all the
States then in the Union, and it was never
ratified by three-fourths of all the States In
the Union. Article V.
I. THE UNCONSTITUTIONAL CONGRESS
The U.S. Constitution provides:
Article I. Section 3. "The Senate of the
United States shall be composed of two Sen-
ators from each State • • ."
Article V provides: "No State. without Its
consent, shall be deprived of Its equal suf-
frage In the Senate."
The fact that 23 Senators had been unlaw-
fully excluded from the U.S. Senate. In order
to secure a two-thirds vote for adoption of
the Joint Resolution proposing the 14th
Amendment Is shown by Resolutions of pro-
15642 CONGRESSIONAL RECORD - HOUSE June 13, 1967
test adopted by the following State Legisla-
tures:
The New Jersey Legislature by Resolution
of March 27, 1868, protested as follows:
"The sald proposed amendment not having
yet received the assent of the three-fourths
of the states, which Is necessary to make It
valid, the natural and constitutional right
of this state to withdraw Its assent is
undeniable • • •. "
"That It being necessary by the constitu-
tion that every amendment to the same
should be proposed by two-thirds of both
houses of congress, the authors of said
proposition, for the purpose of securing the
assent of the requisite majority, determined
to, and did, exclude from the said two houses
eighty representatives from eleven states of
the union, upon the pretence that there were
no such states In the Union; but, finding
that two-thirds of the remainder of the said
houses could not be brought to assent to
the said proposition, they dellberately formed
and carried out the design of mutilating the
integrity of the United States senate, and
without any pretext or justification, other
than the possession of the power, without the
right, and in palpable violation of the consti-
tution, ejected a member of their own body,
representing this state, and thus practically
denied to New Jersey its equal suffrage in
the senate, and thereby nominally secured
the vote of two-thirds of the said houses." 1
The Alabama Legislature protested against
being deprived of representation In the Sen-
ate of the U.S. Congress.'
The Texas Legislature by Resolution on
October 15, 1866, protested as follows:
"The amendment to the Constitution pro-
posed by this joint resolution as Article
XIV is presented to the Legislature of Texas
for its action thereon, under Article V of that
Constitution. This Article V, providing the
mode of making amendments to that instru-
ment, contemplates the participation by all
the States through their representatives in
Congress, in proposing amendments. As rep-
resentatives from nearly one-third of the
states were excluded from the Congress pro-
posing the amendments, the constitutional
requirement was not complied with; It was
violated in letter and in spirit; and the pro-
posing of these amendments to States which
were excluded from all participation In their
initiation In Congress, is a nullity."·
The Arkansas Legislature, by Resolution on
December 17, 1866, protested as follows:
"The Constitution authorized two-thirds
of both houses of Congress to propose amend-
ments; and, as eleven States were excluded
from deliberation and decision upon the one
now submitted, the conclusion Is Inevitable
that it is not proposed by legal authority,
but In palpable violation of the Constitu-
tion.""
The Georgia Legislature, by Resolution on
November 9,1866, protested as follows:
"Since the reorganization of the State gov-
ernment, Georgia has elected Senators and
Representatives. So has every other State.
They have been arbitrarily refused admission
to their seats, not on the ground that the
quallficatlons of the members elected did not
conform to the fourth paragraph, second sec-
tion, first article of the Constitution, but
because their right of representation was
denied by a portion of the States having
equal but not greater rights than themselves.
They have in fact been forcibly excluded;
and, inasmuch as all legislative power grant-
ed by the States to the Congress is defined,
and this power of exclusion Is not among the
powers expressly or by Implication, the as-
semblage, at the capitol, of representatives
from a portion of the States, to the exclusion
of the representatives of another portion,
1 New Jersey Acts, March 27, 1868.
o Alabama House Journal 1866, pp. 210-213.
3 Texas House Journal, 1866, p. 577.
• Arkansas House Journal, 1866, p. 287.
cannot be a constitutional Congress, when
the representation of each State forms an
Integral part of the whole.
"This amendment Is tendered to Georgia
for ratification, under that power In the Con-
stitution which authorizes two-thirds of the
Congress to propose amendments. We have
endeavored to establish that Georgia had a
right, In the first place, as a part of the Con-
gress, to act upon the question, 'Shall these
amendments be proposed?' Every other ex-
cluded State had the same right.
"The first constitutional privilege has been
arbitrarily denied. Had these amendments
been submitted to a constitutional Congress,
they never would have been proposed to the
States. Two-thirds of the whole Congress
never would have proposed to eleven States
voluntarily to reduce their political power in
the Union, and at the same time, disfran-
chise the larger portion of the Intellect, in-
tegrity and patriotism of eleven co-equal
States." 5
The Florida Legislature, by Resolution of
December 5, 1866, protested as follows:
"Let this alteration be made in the organic
system and some new and more startllng de-
mands mayor may not be required by the
predominant party previous to allowing the
ten States now unlawfully and unconstitu-
tionally deprived of their right of represen-
tation to enter the Halls of the National
Legislature. Their right to representation is
guaranteed by the Constitution of this coun-
try and there Is no act, not even that of
rebeillon, can deprive them of Its exercise." •
The South Carolina Legislature by Resolu-
tion of November 27, 1866, protested as fol-
lows:
"Eleven of the Southern States, Including
South Carolina, are deprived of their repre-
sentation In Congress. Although their Sena-
tors and Representatives have been duly
elected and have presented themselves
for the purpose of taking their seats, their
credentials have, in most Instances, been laid
upon the table without being read, or have
been referred to a committee, who have
failed to make any report on the subject. In
short, Congress has refused to exercise its
Constitutional functions, and decide either
upon the election, the return, or the quali-
fication of these selected by the States and
people to represent us. Some of the Senators
and RepresentatiVes from the Southern
States were prepared to take the test oath,
but even these have been persistently ig-
nored, and kept out of the seats to which
they were entitled under the Constitution
and laws.
"Hence this amendment has not been pro-
posed by 'two-thirds of both Houses' of a
legally constituted Congress, and Is not, con-
stitutionally or legitimately, before a single
Legislature for ratification.'"
The North Carolina Legislature protested
by Resolution of December 6, 1866 as follows:
"The Federal Constitution declares, In sub-
stance, that Congress shall consist of a House
of Representatives, composed of members
apportioned among the respective States in
the ratio of their population, and of a Sen-
ate, composed of two members from each
State. And In the Article which concerns
Amendments, it is expressly provided that
'no state, without It consent, shall be de-
prived of Its equal suffrage In the Senate.'
The contemplated Amendment was not pro-
posed to the States by a Congress thuA con-
stituted. At the time of its adoption, the
eleven seceding States were deprived of repre-
sentation both In the Senate and House,
although they all, except the State of Texas,
had Senators and Representatives duly
elected and claiming their privUeges under
• Georgia House Journal, November 9, 1866,
pp.66-67.
• Florida House Journal, 1866, p. 76.
7 South Carolina House Journal, 1866, pp.
33 and 34.
the Constitution. In consequence of this,
these States had no voice on the Important
question of proposing the Amendment. Had
they been allowed to give their votes, the
proposition would doubtless have failed to
command the required two-thirds ma-
jority. • • •
If the votes of these States are necessary to
a valid ratification of the Amendment, they
were equally necessary on the question of
proposing it to the States; for It would be
difficult, In the opinion of the Committee, to
show by what process in logic, men of Intelli-
gence could arrive at a different conclusion." •
II. JOINT RESOLUTION INEFFECTIVE
Article I, Section 7 provides that not only
every bill which shall have been passed by
the House of Representatives and the Senate
of the United States Congress, but that:
"Every order, resolution, or vote to which
the concurrence of the Senate and House of
Representatives may be necessary (except
on a question of adjournment) shall be pre-
sented to the President of the United States;
and before the same shall take effect, shall
be approved by him, or being disapproved by
him shall be repassed by two-thirds of the
Senate and House of Representatives, ac-
cording to the rules and limitations pre-
scribed in the case of a bill."
The Joint Resolution proposing the 14th
Amendment 0 was never presented to the
President of the United States for his ap-
proval, as President Andrew Johnson stated
in his message on June 22, 1866.10 Therefore,
the Joint Resolution did not take effect.
m. PROPOSED AMENDMENT NEVER RATIFIED BY
THREE-FOURTHS OF THE STATES
1. Pretermitting the ineffectiveness of said
resolution, as above, fifteen (15) States out
of the then thirty-seven (37) States of the
Union rejected the proposed 14th Amend-
ment between the date of Its submission to
the States by the Secretary of State on
June 16, 1866 and March 24, 1868, thereby
further nullifying said resolution and mak-
ing It ImpOssible for its ratification by the
constitutionally required three-fourths of
such States, as shown by the rejections
thereof by the Legislatures of the following
states:
Texas rejected the 14th Amendment on
October 27, 1866.
11
Georgia rejected the 14th Amendment on
November 9, 1866."
Florida rejected the 14th Amendment on
December 6, 1866.
'

Alabama rejected the 14th Amendment on
December 7, 1866.14
North Carolina rejected the 14th Amend-
ment on December 14, 1866."
Arkansas rejected the 14th Amendment on
December 17, 1866.
'

South Carolina rejected the 14th Amend-
ment on December 20, 1866."
Kentucky rejected the 14th Amendment on
January 8, 1867."
• North Carolina Senate Journal, 1866-67,
pp. 92 and 93.
o 14 Stat. 358 etc.
,. Senate Journal, 39th Congress, 1st sessn.
p. 563, and House Journal p. 889.
11 House Journal 1866, pp. 578-584-Senate
Journal 1866, p. 471.
12 House Journal 1866, p. 68-Senate Jour-
nal 1866, p. 72.
• 18 House Journal 1866, p. 78-Senate Jour-
nal 1866, p. 8.
H House Journal 1866, pp. 210-213-8enate
Journal 1866, p. 183.
15 House Journal 1866-1867, p. 183-Senate
Journal 1866-1867, p. 138.
,. House Journal 1866, pp. 288-291-Senate
Journal 1866, p. 262.
17 House Journal 1866, p. 284-Senate Jour-
nal 1886, p. 230.
,. House Journal 1867, p. 6Q--Senate Jour-
nal 1867, p. 62.
15642 CONGRESSIONAL RECORD - HOUSE June 13, 1967
test adopted by the following State Legisla-
tures:
The New Jersey Legislature by Resolution
of March 27, 1868, protested as follows:
"The sald proposed amendment not having
yet received the assent of the three-fourths
of the states, which Is necessary to make It
valid, the natural and constitutional right
of this state to withdraw Its assent is
undeniable • • •. "
"That It being necessary by the constitu-
tion that every amendment to the same
should be proposed by two-thirds of both
houses of congress, the authors of said
proposition, for the purpose of securing the
assent of the requisite majority, determined
to, and did, exclude from the said two houses
eighty representatives from eleven states of
the union, upon the pretence that there were
no such states In the Union; but, finding
that two-thirds of the remainder of the said
houses could not be brought to assent to
the said proposition, they dellberately formed
and carried out the design of mutilating the
integrity of the United States senate, and
without any pretext or justification, other
than the possession of the power, without the
right, and in palpable violation of the consti-
tution, ejected a member of their own body,
representing this state, and thus practically
denied to New Jersey its equal suffrage in
the senate, and thereby nominally secured
the vote of two-thirds of the said houses." 1
The Alabama Legislature protested against
being deprived of representation In the Sen-
ate of the U.S. Congress.'
The Texas Legislature by Resolution on
October 15, 1866, protested as follows:
"The amendment to the Constitution pro-
posed by this joint resolution as Article
XIV is presented to the Legislature of Texas
for its action thereon, under Article V of that
Constitution. This Article V, providing the
mode of making amendments to that instru-
ment, contemplates the participation by all
the States through their representatives in
Congress, in proposing amendments. As rep-
resentatives from nearly one-third of the
states were excluded from the Congress pro-
posing the amendments, the constitutional
requirement was not complied with; It was
violated in letter and in spirit; and the pro-
posing of these amendments to States which
were excluded from all participation In their
initiation In Congress, is a nullity."·
The Arkansas Legislature, by Resolution on
December 17, 1866, protested as follows:
"The Constitution authorized two-thirds
of both houses of Congress to propose amend-
ments; and, as eleven States were excluded
from deliberation and decision upon the one
now submitted, the conclusion Is Inevitable
that it is not proposed by legal authority,
but In palpable violation of the Constitu-
tion.""
The Georgia Legislature, by Resolution on
November 9,1866, protested as follows:
"Since the reorganization of the State gov-
ernment, Georgia has elected Senators and
Representatives. So has every other State.
They have been arbitrarily refused admission
to their seats, not on the ground that the
quallficatlons of the members elected did not
conform to the fourth paragraph, second sec-
tion, first article of the Constitution, but
because their right of representation was
denied by a portion of the States having
equal but not greater rights than themselves.
They have in fact been forcibly excluded;
and, inasmuch as all legislative power grant-
ed by the States to the Congress is defined,
and this power of exclusion Is not among the
powers expressly or by Implication, the as-
semblage, at the capitol, of representatives
from a portion of the States, to the exclusion
of the representatives of another portion,
1 New Jersey Acts, March 27, 1868.
o Alabama House Journal 1866, pp. 210-213.
3 Texas House Journal, 1866, p. 577.
• Arkansas House Journal, 1866, p. 287.
cannot be a constitutional Congress, when
the representation of each State forms an
Integral part of the whole.
"This amendment Is tendered to Georgia
for ratification, under that power In the Con-
stitution which authorizes two-thirds of the
Congress to propose amendments. We have
endeavored to establish that Georgia had a
right, In the first place, as a part of the Con-
gress, to act upon the question, 'Shall these
amendments be proposed?' Every other ex-
cluded State had the same right.
"The first constitutional privilege has been
arbitrarily denied. Had these amendments
been submitted to a constitutional Congress,
they never would have been proposed to the
States. Two-thirds of the whole Congress
never would have proposed to eleven States
voluntarily to reduce their political power in
the Union, and at the same time, disfran-
chise the larger portion of the Intellect, in-
tegrity and patriotism of eleven co-equal
States." 5
The Florida Legislature, by Resolution of
December 5, 1866, protested as follows:
"Let this alteration be made in the organic
system and some new and more startllng de-
mands mayor may not be required by the
predominant party previous to allowing the
ten States now unlawfully and unconstitu-
tionally deprived of their right of represen-
tation to enter the Halls of the National
Legislature. Their right to representation is
guaranteed by the Constitution of this coun-
try and there Is no act, not even that of
rebeillon, can deprive them of Its exercise." •
The South Carolina Legislature by Resolu-
tion of November 27, 1866, protested as fol-
lows:
"Eleven of the Southern States, Including
South Carolina, are deprived of their repre-
sentation In Congress. Although their Sena-
tors and Representatives have been duly
elected and have presented themselves
for the purpose of taking their seats, their
credentials have, in most Instances, been laid
upon the table without being read, or have
been referred to a committee, who have
failed to make any report on the subject. In
short, Congress has refused to exercise its
Constitutional functions, and decide either
upon the election, the return, or the quali-
fication of these selected by the States and
people to represent us. Some of the Senators
and RepresentatiVes from the Southern
States were prepared to take the test oath,
but even these have been persistently ig-
nored, and kept out of the seats to which
they were entitled under the Constitution
and laws.
"Hence this amendment has not been pro-
posed by 'two-thirds of both Houses' of a
legally constituted Congress, and Is not, con-
stitutionally or legitimately, before a single
Legislature for ratification.'"
The North Carolina Legislature protested
by Resolution of December 6, 1866 as follows:
"The Federal Constitution declares, In sub-
stance, that Congress shall consist of a House
of Representatives, composed of members
apportioned among the respective States in
the ratio of their population, and of a Sen-
ate, composed of two members from each
State. And In the Article which concerns
Amendments, it is expressly provided that
'no state, without It consent, shall be de-
prived of Its equal suffrage In the Senate.'
The contemplated Amendment was not pro-
posed to the States by a Congress thuA con-
stituted. At the time of its adoption, the
eleven seceding States were deprived of repre-
sentation both In the Senate and House,
although they all, except the State of Texas,
had Senators and Representatives duly
elected and claiming their privUeges under
• Georgia House Journal, November 9, 1866,
pp.66-67.
• Florida House Journal, 1866, p. 76.
7 South Carolina House Journal, 1866, pp.
33 and 34.
the Constitution. In consequence of this,
these States had no voice on the Important
question of proposing the Amendment. Had
they been allowed to give their votes, the
proposition would doubtless have failed to
command the required two-thirds ma-
jority. • • •
If the votes of these States are necessary to
a valid ratification of the Amendment, they
were equally necessary on the question of
proposing it to the States; for It would be
difficult, In the opinion of the Committee, to
show by what process in logic, men of Intelli-
gence could arrive at a different conclusion." •
II. JOINT RESOLUTION INEFFECTIVE
Article I, Section 7 provides that not only
every bill which shall have been passed by
the House of Representatives and the Senate
of the United States Congress, but that:
"Every order, resolution, or vote to which
the concurrence of the Senate and House of
Representatives may be necessary (except
on a question of adjournment) shall be pre-
sented to the President of the United States;
and before the same shall take effect, shall
be approved by him, or being disapproved by
him shall be repassed by two-thirds of the
Senate and House of Representatives, ac-
cording to the rules and limitations pre-
scribed in the case of a bill."
The Joint Resolution proposing the 14th
Amendment 0 was never presented to the
President of the United States for his ap-
proval, as President Andrew Johnson stated
in his message on June 22, 1866.10 Therefore,
the Joint Resolution did not take effect.
m. PROPOSED AMENDMENT NEVER RATIFIED BY
THREE-FOURTHS OF THE STATES
1. Pretermitting the ineffectiveness of said
resolution, as above, fifteen (15) States out
of the then thirty-seven (37) States of the
Union rejected the proposed 14th Amend-
ment between the date of Its submission to
the States by the Secretary of State on
June 16, 1866 and March 24, 1868, thereby
further nullifying said resolution and mak-
ing It ImpOssible for its ratification by the
constitutionally required three-fourths of
such States, as shown by the rejections
thereof by the Legislatures of the following
states:
Texas rejected the 14th Amendment on
October 27, 1866.
11
Georgia rejected the 14th Amendment on
November 9, 1866."
Florida rejected the 14th Amendment on
December 6, 1866.
'

Alabama rejected the 14th Amendment on
December 7, 1866.14
North Carolina rejected the 14th Amend-
ment on December 14, 1866."
Arkansas rejected the 14th Amendment on
December 17, 1866.
'

South Carolina rejected the 14th Amend-
ment on December 20, 1866."
Kentucky rejected the 14th Amendment on
January 8, 1867."
• North Carolina Senate Journal, 1866-67,
pp. 92 and 93.
o 14 Stat. 358 etc.
,. Senate Journal, 39th Congress, 1st sessn.
p. 563, and House Journal p. 889.
11 House Journal 1866, pp. 578-584-Senate
Journal 1866, p. 471.
12 House Journal 1866, p. 68-Senate Jour-
nal 1866, p. 72.
• 18 House Journal 1866, p. 78-Senate Jour-
nal 1866, p. 8.
H House Journal 1866, pp. 210-213-8enate
Journal 1866, p. 183.
15 House Journal 1866-1867, p. 183-Senate
Journal 1866-1867, p. 138.
,. House Journal 1866, pp. 288-291-Senate
Journal 1866, p. 262.
17 House Journal 1866, p. 284-Senate Jour-
nal 1886, p. 230.
,. House Journal 1867, p. 6Q--Senate Jour-
nal 1867, p. 62.
June 13, 1967
CONGRESSIONAL RECORD - HOUSE 15643
Virginia rejected the 14th Amendment on
January 9, 1867.19
Louisiana rejected the 14th Amendment
on February 6, 1867.'"
Delaware rejected the 14th Amendment on
February 7, 1867.
21
Maryland rejected tho 14th Amendment on
March 23, 1867.
22
Mississippi rejected the 14th Amendment
on January 31, 1867.23
Ohio rejected the 14th Amendment on
January 15, 1868."
New Jersey rejected the 14th Amendment
on March 24, 1868."
There was no question that all of the
Southern states which rejected the 14th
Amendment had legally constituted govern-
ments, were fully recognized by the federal
government, and were functioning as mem-
ber states of the Union at the time of their
rejection.
President Andrew Johnson, in his Veto
message of March 2, 1867,20 pointed out that:
"It is not denied that the States in ques-
tion have each of them an actual govern-
ment with all the powers, executive, judicial
and legislative, which properly belong to a
free State. They are organized like the other
States of the Union, and, like them, they
make, administer, and execute the laws
which concern their domestic affairs."
If further proof were needed that these
States were operating under legally consti-
tuted governments as member States in the
Union, the ratification of the 13th Amend-
ment by December 8, 1865 undoubtedly sup-
plies this official proof. If the Southern
States were not member States of the Union,
the 13th Amendment would not have been
submitted to their Legislatures for ratifica-
tion.
2. The 13th Amendment to the United
States Constitution was proposed by Joint
Resolution of Congress·
7
and was approved
February 1, 1865 by President Abraham Lin-
coln, as required by Article I, Section 7 of the
United States Constitution. The President's
signature Is affixed to the Resolution.
The 13th Amendment was ratified by 27
states of the then 36 states of the Union,
Including the Southern States of Virginia,
Louisiana, Arkansas, South Carolina, Ala-
bama, North Carolina and Georgia. This Is
shown by the Proclamation of the Secretary
of State December 18, 1965.28 Without the
votes of these 7 Southern State Legislatures
the 13th Amendment would have faUed.
There can be no doubt but that the ratifica-
tion by these 7 Southern States of the 13th
Amendment again established the fact that
their Legislatures and State governments
were duly and lawfully constituted and func-
tioning as such under their State Constitu-
tions.
3. Furthermore, on April 2, 1866, President
Andrew Johnson Issued a proclamation that,
"the insurrection which heretofore existed
In the States of Georgia, South CarOlina, Vir-
ginia, North CarOlina, Tennessee, Alabama,
LouiSiana, Arkansas, Mississippi and Florida
Is at an end, and Is henceforth to be so re-
garded." 29
,. House Journal 1866-1867, p. 108-Senate
Journal 1866-1867, p. 101.
20 McPherson, Reconstruction, p. 194; An-
nual Encyclopedia, p. 452.
21 House Journal 1867, p. 223-Senate Jour-
nal 1867, p. 176.
22 House Journal 1867. p. 1141-Senate
Journal 1867, p. 808.
23 McPherson, Reconstruction, p. 194.
.. House Journal 1868, pp. 44-50-senate
Journal 1868, pp. 33-38.
.. Minutes of the Assembly 1868, p. 743--
Senate Journal 1868, p. 356.
,. House Journal, 39th Congress, 2nd Ses-
sion. p. 563 etc.
27 13 Stat. p. 567.
28 13 Stat. p. 774.
.. Presidential Proclamation No. 153. Gen-
CXIII--986-Part 12
On August 20, 1866, President Andrew
Johnson Issued another proclamation 30
pointing out the fact that the House of Rep-
resentatives and Senate had adopted Identi-
cal Resolutions on July 22nd al. and July
25th, 1861,82 that the Clv1l War forced by
disunionists of the Southern States, was not
waged for the purpose of conquest or to
overthrow the rights and established insti-
tutions of those States. but to defend and
maintain the supremacy of the Constitution
and to preserve the Union with all equality
and rights of the several states unimpaired,
and that as soon as these objects are accom-
plished, the war ought to cease. The Presi-
dent's proclamation on June 13, 1865, de-
clared the insurrection In the State of Ten-
nessee had been suppressed.·
s
The Presi-
dent's proclamation on April 2, 1866,'" de-
clared the Insurrection In the other South-
ern States, except Texas, no longer existed.
On August 20, 1866,35 the President pro-
claimed that the Insurrection in the State of
Texas had been completely ended; and his
proclamation continued: "the Insurrection
Which heretofore existed In the State of
Texas Is at an end, and Is to be henceforth
so regarded In that State, as In the other
States before named In which the said In-
surrection was proclaimed to be at an end
by the aforesaid proclamation of the second
day of Apr1l, one thousand, eight hundred
and sixty-six.
"And I do further proclaim that the said
insurrection Is at an end, and that peace,
order, tranqu1l1ty, and civil authority now
exist, In and throughout the whole of the
United States of America."
4. When the State of Louisiana rejected
the 14th Amendment on February 6, 1867,
making the 10th state to have rejected the
same, or more than one-fourth of the total
number of 36 states of the Union as of that
date, thus leaving less than three-fourths of
the states possibly to ratify the same, the
Amendment fa1led of ratification in fact and
in law, and It could not have been revived
except by a new Joint Resolution of the
Senate and House of Representatives In
accordance with Constitutional reqUirement.
5. Faced with the positive failure of rati-
fication of the 14th Amendment, both Houses
of Congress passed over the veto of the Presi-
dent three Acts known as Reconstruction
Acts, between the dates of March 2 and
July 19, 1867, especially the third of said
Acts, 15 Stat. p. 14 etc., designed illegally
to remove with "Military force" the lawfully
constituted State Legislatures of the 10
Southern States of Virginia, North Carolina,
South CarOlina, Georgia, Florida, Alabama,
Mississippi, Arkansas, Louisiana and Texas.
In President Andrew Johnson's Veto message
on the Reconstruction Act of March 2, 1867,"
he pointed out these unconstltutlonal1ties:
"If ever the American citizen should be
left to the free exercise of his own jUdgment,
it is when he Is engaged In the work of form-
ing the fundamental law under which he Is
to live. That work Is his work, and it can-
not properly be taken out of his hands. All
this legislation proceeds upon the contrary
Assumption that the people of each of these
States shall have no constitution, except such
as may be arbltrararUy dictated by Congress,
and formed under the restraint of m1l1tary
rule. A plain statement of facts makes this
evident.
eral Records of the United States, G.S.A.
National Archives and Records Service.
so 14 Stat. p. 814.
B1 House Journal, 37th Congress, 1st Sessn.
p. 123 etc.
... Senate Journal, 37th Congress, 1st Sessn.
p. 91 etc.
33 13 Stat. 763.
•• 14 Stat. p. 811.
.. 14 Stat. 814.
.. House Journal, 39th Congress, 2nd Sessn.
p. 563 etc.
"In all these States there are existing con;.
stltutlons, framed in the accustomed way by
the people. Congress, however, declares that
these constitutions are not 'loyal and repub-
lican,' and requires the people to form them
anew. What, then, in the opinion of Con-
gress, is necessary to make the constitution
of a State 'loyal and republican?' The original
act answers the question: 'It Is universal
negro sulfrage, a question which the federal
Constitution leaves exclusively to the States
themselves. All this legislative machinery of
martial law, m1l1tary coerCion, and political
disfranchisement Is avowedly for that pur-
pose and none other. The existing constitu-
tions of the ten States conform to the ac-
knowledged standards of loyalty and repub-
licanism. Indeed, If there are degrees In re-
publican forms of government, their constitu-
tions are more republican now, than when
these States-four of which were members
of the original thirteen-first became mem-
bers of the Union."
In President Andrew Johnson's Veto mes-
sage on the Reconstruction Act on July 19,
1867,37 he pointed out various unconstltu-
tlonalltles as follows:
"The veto of the original b1l1 of the 2d of
March was based on two distinct grounds.
the Interference of Congress in matters
strictly appertaining to the reserved powers
of the States, and the establishment of m1l1-
tary tribunals for the trial of citizens In time
of peace.
".
• •
"A singular contradiction Is apparent here.
Congress declares these local State govern-
ments to be illegal governments, and then
provides that these 111egal governments shall
be carried on by federal Officers, who are to
perform the very duties on Its own officers
by th1.s illegal State authority. It certainly
would be a novel spectacle If Congress should
attempt to carryon a legal State government
by the agency of Its own officers. It is yet
more strange that Congress attempts to sus-
tain and carry on an 1l1egal State govern-
ment by the same federal agency.
".
• • • •
"It Is now too late to say that these ten
political communities are not States of this
Union. Declarations to the contrary made in
these three acts are contradicted again and
again by repeated acts of legislation enacted
by Congress from the year 1861 to the year
1867.
"During that period, While these States
were in actual rebell1on, and after that re-
bell10n was brought to a close, they have
been again and again recognized as States
of the Union. Representation has been appor-
tioned to them as States. They have been di-
vided Into judicial distriCts for the holding
of district and circuit courts of the United
States, as States of the Union only can be
dlstrlcted. The last act on this subject was
passed July 23, 1866. by which everyone of
these ten States was arranged Into districts
and circuits.
"They have been called upon by Congress
to act through their legislatures upon at
least two amendments to the Constitution of
the United States. As States they have rati-
fied one amendment, which required the
vote of twenty-seven States of the thlrty-
six then composing the Union. When the
requisite twenty-seven votes were given In
favor of that amendment-seven of which
votes were given by seven of these ten
States--It was proclaimed to be a part of
the Constitution of the United States, and
slavery was declared no longer to exist within
the United States or any place subject to
their jurisdiction. If these seven States were
not legal States of the Union, It follows as
an inevitable consequence that in some of
the States slavery yet exists. It does not exist
17 40th Congress, 1st Sessn. House Journal
p. 232 etc.
June 13, 1967
CONGRESSIONAL RECORD - HOUSE 15643
Virginia rejected the 14th Amendment on
January 9, 1867.19
Louisiana rejected the 14th Amendment
on February 6, 1867.'"
Delaware rejected the 14th Amendment on
February 7, 1867.
21
Maryland rejected tho 14th Amendment on
March 23, 1867.
22
Mississippi rejected the 14th Amendment
on January 31, 1867.23
Ohio rejected the 14th Amendment on
January 15, 1868."
New Jersey rejected the 14th Amendment
on March 24, 1868."
There was no question that all of the
Southern states which rejected the 14th
Amendment had legally constituted govern-
ments, were fully recognized by the federal
government, and were functioning as mem-
ber states of the Union at the time of their
rejection.
President Andrew Johnson, in his Veto
message of March 2, 1867,20 pointed out that:
"It is not denied that the States in ques-
tion have each of them an actual govern-
ment with all the powers, executive, judicial
and legislative, which properly belong to a
free State. They are organized like the other
States of the Union, and, like them, they
make, administer, and execute the laws
which concern their domestic affairs."
If further proof were needed that these
States were operating under legally consti-
tuted governments as member States in the
Union, the ratification of the 13th Amend-
ment by December 8, 1865 undoubtedly sup-
plies this official proof. If the Southern
States were not member States of the Union,
the 13th Amendment would not have been
submitted to their Legislatures for ratifica-
tion.
2. The 13th Amendment to the United
States Constitution was proposed by Joint
Resolution of Congress·
7
and was approved
February 1, 1865 by President Abraham Lin-
coln, as required by Article I, Section 7 of the
United States Constitution. The President's
signature Is affixed to the Resolution.
The 13th Amendment was ratified by 27
states of the then 36 states of the Union,
Including the Southern States of Virginia,
Louisiana, Arkansas, South Carolina, Ala-
bama, North Carolina and Georgia. This Is
shown by the Proclamation of the Secretary
of State December 18, 1965.28 Without the
votes of these 7 Southern State Legislatures
the 13th Amendment would have faUed.
There can be no doubt but that the ratifica-
tion by these 7 Southern States of the 13th
Amendment again established the fact that
their Legislatures and State governments
were duly and lawfully constituted and func-
tioning as such under their State Constitu-
tions.
3. Furthermore, on April 2, 1866, President
Andrew Johnson Issued a proclamation that,
"the insurrection which heretofore existed
In the States of Georgia, South CarOlina, Vir-
ginia, North CarOlina, Tennessee, Alabama,
LouiSiana, Arkansas, Mississippi and Florida
Is at an end, and Is henceforth to be so re-
garded." 29
,. House Journal 1866-1867, p. 108-Senate
Journal 1866-1867, p. 101.
20 McPherson, Reconstruction, p. 194; An-
nual Encyclopedia, p. 452.
21 House Journal 1867, p. 223-Senate Jour-
nal 1867, p. 176.
22 House Journal 1867. p. 1141-Senate
Journal 1867, p. 808.
23 McPherson, Reconstruction, p. 194.
.. House Journal 1868, pp. 44-50-senate
Journal 1868, pp. 33-38.
.. Minutes of the Assembly 1868, p. 743--
Senate Journal 1868, p. 356.
,. House Journal, 39th Congress, 2nd Ses-
sion. p. 563 etc.
27 13 Stat. p. 567.
28 13 Stat. p. 774.
.. Presidential Proclamation No. 153. Gen-
CXIII--986-Part 12
On August 20, 1866, President Andrew
Johnson Issued another proclamation 30
pointing out the fact that the House of Rep-
resentatives and Senate had adopted Identi-
cal Resolutions on July 22nd al. and July
25th, 1861,82 that the Clv1l War forced by
disunionists of the Southern States, was not
waged for the purpose of conquest or to
overthrow the rights and established insti-
tutions of those States. but to defend and
maintain the supremacy of the Constitution
and to preserve the Union with all equality
and rights of the several states unimpaired,
and that as soon as these objects are accom-
plished, the war ought to cease. The Presi-
dent's proclamation on June 13, 1865, de-
clared the insurrection In the State of Ten-
nessee had been suppressed.·
s
The Presi-
dent's proclamation on April 2, 1866,'" de-
clared the Insurrection In the other South-
ern States, except Texas, no longer existed.
On August 20, 1866,35 the President pro-
claimed that the Insurrection in the State of
Texas had been completely ended; and his
proclamation continued: "the Insurrection
Which heretofore existed In the State of
Texas Is at an end, and Is to be henceforth
so regarded In that State, as In the other
States before named In which the said In-
surrection was proclaimed to be at an end
by the aforesaid proclamation of the second
day of Apr1l, one thousand, eight hundred
and sixty-six.
"And I do further proclaim that the said
insurrection Is at an end, and that peace,
order, tranqu1l1ty, and civil authority now
exist, In and throughout the whole of the
United States of America."
4. When the State of Louisiana rejected
the 14th Amendment on February 6, 1867,
making the 10th state to have rejected the
same, or more than one-fourth of the total
number of 36 states of the Union as of that
date, thus leaving less than three-fourths of
the states possibly to ratify the same, the
Amendment fa1led of ratification in fact and
in law, and It could not have been revived
except by a new Joint Resolution of the
Senate and House of Representatives In
accordance with Constitutional reqUirement.
5. Faced with the positive failure of rati-
fication of the 14th Amendment, both Houses
of Congress passed over the veto of the Presi-
dent three Acts known as Reconstruction
Acts, between the dates of March 2 and
July 19, 1867, especially the third of said
Acts, 15 Stat. p. 14 etc., designed illegally
to remove with "Military force" the lawfully
constituted State Legislatures of the 10
Southern States of Virginia, North Carolina,
South CarOlina, Georgia, Florida, Alabama,
Mississippi, Arkansas, Louisiana and Texas.
In President Andrew Johnson's Veto message
on the Reconstruction Act of March 2, 1867,"
he pointed out these unconstltutlonal1ties:
"If ever the American citizen should be
left to the free exercise of his own jUdgment,
it is when he Is engaged In the work of form-
ing the fundamental law under which he Is
to live. That work Is his work, and it can-
not properly be taken out of his hands. All
this legislation proceeds upon the contrary
Assumption that the people of each of these
States shall have no constitution, except such
as may be arbltrararUy dictated by Congress,
and formed under the restraint of m1l1tary
rule. A plain statement of facts makes this
evident.
eral Records of the United States, G.S.A.
National Archives and Records Service.
so 14 Stat. p. 814.
B1 House Journal, 37th Congress, 1st Sessn.
p. 123 etc.
... Senate Journal, 37th Congress, 1st Sessn.
p. 91 etc.
33 13 Stat. 763.
•• 14 Stat. p. 811.
.. 14 Stat. 814.
.. House Journal, 39th Congress, 2nd Sessn.
p. 563 etc.
"In all these States there are existing con;.
stltutlons, framed in the accustomed way by
the people. Congress, however, declares that
these constitutions are not 'loyal and repub-
lican,' and requires the people to form them
anew. What, then, in the opinion of Con-
gress, is necessary to make the constitution
of a State 'loyal and republican?' The original
act answers the question: 'It Is universal
negro sulfrage, a question which the federal
Constitution leaves exclusively to the States
themselves. All this legislative machinery of
martial law, m1l1tary coerCion, and political
disfranchisement Is avowedly for that pur-
pose and none other. The existing constitu-
tions of the ten States conform to the ac-
knowledged standards of loyalty and repub-
licanism. Indeed, If there are degrees In re-
publican forms of government, their constitu-
tions are more republican now, than when
these States-four of which were members
of the original thirteen-first became mem-
bers of the Union."
In President Andrew Johnson's Veto mes-
sage on the Reconstruction Act on July 19,
1867,37 he pointed out various unconstltu-
tlonalltles as follows:
"The veto of the original b1l1 of the 2d of
March was based on two distinct grounds.
the Interference of Congress in matters
strictly appertaining to the reserved powers
of the States, and the establishment of m1l1-
tary tribunals for the trial of citizens In time
of peace.
".
• •
"A singular contradiction Is apparent here.
Congress declares these local State govern-
ments to be illegal governments, and then
provides that these 111egal governments shall
be carried on by federal Officers, who are to
perform the very duties on Its own officers
by th1.s illegal State authority. It certainly
would be a novel spectacle If Congress should
attempt to carryon a legal State government
by the agency of Its own officers. It is yet
more strange that Congress attempts to sus-
tain and carry on an 1l1egal State govern-
ment by the same federal agency.
".
• • • •
"It Is now too late to say that these ten
political communities are not States of this
Union. Declarations to the contrary made in
these three acts are contradicted again and
again by repeated acts of legislation enacted
by Congress from the year 1861 to the year
1867.
"During that period, While these States
were in actual rebell1on, and after that re-
bell10n was brought to a close, they have
been again and again recognized as States
of the Union. Representation has been appor-
tioned to them as States. They have been di-
vided Into judicial distriCts for the holding
of district and circuit courts of the United
States, as States of the Union only can be
dlstrlcted. The last act on this subject was
passed July 23, 1866. by which everyone of
these ten States was arranged Into districts
and circuits.
"They have been called upon by Congress
to act through their legislatures upon at
least two amendments to the Constitution of
the United States. As States they have rati-
fied one amendment, which required the
vote of twenty-seven States of the thlrty-
six then composing the Union. When the
requisite twenty-seven votes were given In
favor of that amendment-seven of which
votes were given by seven of these ten
States--It was proclaimed to be a part of
the Constitution of the United States, and
slavery was declared no longer to exist within
the United States or any place subject to
their jurisdiction. If these seven States were
not legal States of the Union, It follows as
an inevitable consequence that in some of
the States slavery yet exists. It does not exist
17 40th Congress, 1st Sessn. House Journal
p. 232 etc.
15644 CONGRESSIONAL RECORD - HOUSE June 13, 1967
in these seven States, for they have abolished
it also In their State constitutions; but Ken-
tucky not having done so, It would still re-
main in that State. But, In truth, If this
assumption that these States have no legal
State governments be true, then the aboli-
tion of slavery by these l11egal governments
binds no one, for Congress now denies to
these States the power to abolish slavery by
denying to them the power to elect a legal
State legislature, or to frame a constitution
for any purpose, even for such a purpose as
the abol1t1on of slavery.
"As to the other constitutional amend-
ment having reference to suffrage, It hap-
pens that these States have not accepted
it. The consequence Is, that It has never been
proclaimed or understood, even by Congress,
to be a part of the Constitution of the United
States. The Senate of the United States has
repeatedly given Its sanction to the ap-
pointment of judges, district attorneys, and
marshals for everyone of these States; yet,
i! they are not legal States, not one of these
judges Is authorIzed to hold a court. So, too,
both houses of Congress have passed appro-
prIation bills to pay all these judges, at-
torneys, and officers of the United States for
exercising their functions In these States.
Again, In the machinery of the Internal rev-
enue laws, all these States are dlstrlcted,
not as 'TerrItories,' but as 'States.'
"So much for continuous legislative recog-
nition. The Instances cited, however, fall far
short of all that might be enumerated.
Executive recognition, as Is well known, has
been frequent and unwavering. The same
may be said as to judicial recognition
through the Supreme Court of the United
States.
".

"To me these considerations are conclusive
of the unconstitutionality of this part of the
bill now before me, and I earnestly commend
their conSideration to the deliberate judg-
ment of Congress. [And now to the Court.]
"Within a period less than a year the legis-
lation of Congress has attempted to strip the
executive department of the government of
some of Its essential powers. The Constitu-
tion, and the oath provided In It, devolve
upon the PresIdent the power and duty to
see that the laws are faithfully executed.
The Constitution, In order to carry out this
power, gives him the choice of the agents,
and makes them subject to his control and
supervision. But In the execution of these
laws the constitutional obl1gatlon upon the
President remains, but the powers to exer-
cise that constitutional duty Is effectually
taken away. The m!lltary commander Is, as
to the power of appointment, made to take
the place of Its President, and the General
of the Army the place of the Senate; and any
attempt on the part of the President to assert
hIs own constitutional power may, under
pretence of law, be met by official insubordi-
nation. It Is to be feared that these mlI!tary
Officers, looking to the authorIty given by
these laws rather than to the letter of the
ConstitutIon, wl11 recognize no authority but
the commander of the dIstrict and the Gen-
eral of the army.
"If there were no other objectIon than this
to this proposed legislation, It would be
sufficient."
No one can contend that the Reconstruc-
tion Acts were ever upheld as being val1d and
constitutional.
They were brought Into question, but the
Courts either avoided decision or were pre-
vented by Congress from finally adjudicatIng
upon their constltutlonal1ty.
In Mississippi v. President Andrew John-
son, (4 Wall. 475-502), where the suIt sought
to enjoin the President of the United States
from enforcing provIsions of the Reconstruc-
tion Acts, the U.S. Supreme Court held that
the President cannot be enjoined because for
the Judicial Department of the government
to attempt to enforce the performance of
the duties by the President might be justly
characterized, In the language of ChIef Jus-
tice Marshall, as "an absurd and excessive
extravagance." The Court further saId that
If the Court granted the Injunction against
enforcement of the Reconstruction Acts, and
If the PresIdent refused obedIence, It Is need-
less to observe that the Court Is wIthout
power to enforce Its process.
In a joint action, the states of Georgia
and MissIssippi brought suit against the
PresIdent and the Secretary of War, (6 Wall.
50-78,154U.S.554).
The Court saId that:
"The bill then sets forth that the Intent
and design of the Acts of Congress, as ap-
parent on thler face and by their terms, are
to overthrow and annul thIs existing state
government, and to erect another and dif-
ferent government In Its place, unauthor-
Ized by the Constitution and in defiance of
Its guaranties; and that, in furtherance of
this Intent and design, the defendants, the
Secretary of War, the General of the Army,
and Major-General Pope, actIng under orders
of the President, are about setting in mo-
tion a portion of the army to take m!l!tary
possession of the state, and threaten to sub-
vert her government and subject her people
to m!l!tary rule; that the state Is holding
Inadequate means to resist the power and
force of the Executive Department of the
United States; and she therefore Insists that
such protection can, and ought to be afforded
by a decree or order of his court In the
premises."
The applications for injunction by these
two states to prohibit the Executive Depart-
ment from carrying out the provisions of
the Reconstruction Acts directed to the over-
throw of their government, Including this
dissolution of their state legislatures, were
denied on the grounds that the organization
of the government Into three great depart-
ments, the executive, legislative and judicial,
carried limitations of the powers of each by
the Constitution. This case when the same
way as the previous case of Mississippi
against President Johnson and was dismissed
without adjudicating upon the constitu-
tionality of the Reconstruction Acts.
In another case, ex parte William H. Mc-
Cardle (7 Wall. 506-515), a petition for the
writ of habeas corpus for unlawful restraint
by ml!!tary force of a citizen not In the
mll1tary service of the United States was
before the United States Supreme Court.
After the case was argued and taken under
advisement, and before conference In re-
gard to the deCision to be made, Congress
passed an emergency Act, (Act March 27,
1868, 15 Stat. at L. 44), vetoed by the
President and repassed over his veto, re-
pealing the jurisdiction of the U.S. Supreme
Court in such case. Accordingly, the Supreme
Court dismissed the appeal without passing
upon the constltutlonal1ty of the Recon-
struction Acts, under which the non-ml!!tary
citizen was held by the ml!!tary without
benefit of writ of habeas corpus, In viola-
tion of Section 9, Article I of the U.S. Con-
stitution which prohibits the suspension of
the writ of habeas corpus.
That Act of Congress placed the Recon-
struction Acts beyond judicial recourse and
avoided tests of constitutIonality.
It Is recorded that one of the Supreme
Court Justices, Grier, protested against the
action of the Court as follows:
"This case was fully argued In the begin-
ning of this month. It Is a case whIch In-
volves the liberty and rights, not only of
the appellant but of. millions of our fellow
cItIzens. The country and the parties had
a right to expect that It would receive the
Immediate and solemn attention of the
court. By the postponement of this case we
shall subject ourselves, whether justly or
unjustly, to the Imputation that we have
evaded the performance of a duty Imposed
on us by the Constitution, and waited for
Legislative InterpOSition to supersede our
action, and relieve us from responsib1llty.
I am not wllllng to be a partaker of the
eulogy or opprobrium that may follow. I
can only say ... I am ashamed that such
opprobrium should be cast upon the court
and that It cannot be refuted."
The ten States were organized Into Mil!tary
Districts under the unconstitutional "Re-
construction Acts," their lawfully constituted
Legislature Illegally were removed by "mil!-
tary force," and they were replaced by rump,
so-called Leglslature3, seven of which carrIed
out m1lltary orders and pretended to ratify
the 14th Amendment, as follows:
Arkansas on Aprll 6, 1868;38
North Carolina on July 2,1868;""
Florida on June 9, 1868; «>
LouIsIana on July 9,1868;41
South Carolina on July 9, 1868;40
Alabama on July 13, 1868;'3 and Georgia
on July 21, 1868 ....
6. Of the above 7 States whose Legislatures
were removed and replaced by rump, so-
called Legislatures, six (6) Legislatures of the
states of Louisiana, Arkansas, South Caro-
lina, Alabama, North CarOlina and Georgia
had ratIfied the 13th Amendment, as shown
by the Secretary of State's Proclamation of
December 18, 1865, without which 6 States'
ratifications, the 13th Amendment could not
and would not have been ratified because said
6 States made a total of 27 out of 36 States
or exactly three-fourths of the number re-
quIred by Article V of the Constitution for
ratification.
Furthermore, governments of the States
of Louisiana and Arkansas had been re-estab-
lished under a Proclamation Issued by Presi-
dent Abraham Lincoln December 8, 1863.'·
The government of North Carolina had
been re-establlshed under a Proclamation
Issued by President Andrew Johnson dated
May 29, 1865.'·
The government of Georgia had been re-
established under a proclamation Issued by
President Andrew Johnson dated June 17,
1865.'7
The government of Alabam,a had been re-
established under a Proclamation Issued by
President Andrew Johnson dated June 21,
1865."
The government of South Carolina' had
been re-establlshed under a Proclamation
issued by President Andrew Johnson dated
June 30, 1865 .. •
These three "Reconstruction Acts" O. under
which the above State Legislatures were 11-
legally removed and unlawful rump or pup-
pet so-called Legislatures were substituted
In a mock effort to ratify the 14th amend-
ment, were unconstitutional, null and VOid,
ab Initio, and all acts done thereunder were
also null and void, Including the purported
ratification of the 14th Amendment by said
6 Southern puppet State Legislatures of
38 McPherson, Reconstruction, p. 53.
30 House Journal 1868, p. 15, Senate Journal
1868, p. 15.
•• House Journal 1868, p. 9, Senate Journal
1868, p. 8.
n Sena te Journal 1868, p. 21.
42 House Journal 1868, p. 50, Senate Jour-
nal 1868, p. 12.
•• Senate Journal, 40th Congress, 2nd
Sessn. p. 725.
.. House Journal, 1868, p. 50.
•• Vol. I, pp. 288-306; Vol. II, pp. 1429-
1448-"The Federal and State Constitu-
tions," etc., compiled under Act of Con-
gress on June 30, 1906, Francis Newton
Thorpe, Washington Government printing
Office (1906).
.. Same, Thorpe, Vol. V, pp. 2799-2800.
<7 Same, Thorpe, Vol. II, PP. 809-822.
.. Same, Thorpe, Vol. I, pp. 116-132.
•• Same, Thorpe, Vol. VI, pp. 3269-3281.
00 14 Stat. p. 428, etc. 15 Stat. p. 14, etc.
15644 CONGRESSIONAL RECORD - HOUSE June 13, 1967
in these seven States, for they have abolished
it also In their State constitutions; but Ken-
tucky not having done so, It would still re-
main in that State. But, In truth, If this
assumption that these States have no legal
State governments be true, then the aboli-
tion of slavery by these l11egal governments
binds no one, for Congress now denies to
these States the power to abolish slavery by
denying to them the power to elect a legal
State legislature, or to frame a constitution
for any purpose, even for such a purpose as
the abol1t1on of slavery.
"As to the other constitutional amend-
ment having reference to suffrage, It hap-
pens that these States have not accepted
it. The consequence Is, that It has never been
proclaimed or understood, even by Congress,
to be a part of the Constitution of the United
States. The Senate of the United States has
repeatedly given Its sanction to the ap-
pointment of judges, district attorneys, and
marshals for everyone of these States; yet,
i! they are not legal States, not one of these
judges Is authorIzed to hold a court. So, too,
both houses of Congress have passed appro-
prIation bills to pay all these judges, at-
torneys, and officers of the United States for
exercising their functions In these States.
Again, In the machinery of the Internal rev-
enue laws, all these States are dlstrlcted,
not as 'TerrItories,' but as 'States.'
"So much for continuous legislative recog-
nition. The Instances cited, however, fall far
short of all that might be enumerated.
Executive recognition, as Is well known, has
been frequent and unwavering. The same
may be said as to judicial recognition
through the Supreme Court of the United
States.
".

"To me these considerations are conclusive
of the unconstitutionality of this part of the
bill now before me, and I earnestly commend
their conSideration to the deliberate judg-
ment of Congress. [And now to the Court.]
"Within a period less than a year the legis-
lation of Congress has attempted to strip the
executive department of the government of
some of Its essential powers. The Constitu-
tion, and the oath provided In It, devolve
upon the PresIdent the power and duty to
see that the laws are faithfully executed.
The Constitution, In order to carry out this
power, gives him the choice of the agents,
and makes them subject to his control and
supervision. But In the execution of these
laws the constitutional obl1gatlon upon the
President remains, but the powers to exer-
cise that constitutional duty Is effectually
taken away. The m!lltary commander Is, as
to the power of appointment, made to take
the place of Its President, and the General
of the Army the place of the Senate; and any
attempt on the part of the President to assert
hIs own constitutional power may, under
pretence of law, be met by official insubordi-
nation. It Is to be feared that these mlI!tary
Officers, looking to the authorIty given by
these laws rather than to the letter of the
ConstitutIon, wl11 recognize no authority but
the commander of the dIstrict and the Gen-
eral of the army.
"If there were no other objectIon than this
to this proposed legislation, It would be
sufficient."
No one can contend that the Reconstruc-
tion Acts were ever upheld as being val1d and
constitutional.
They were brought Into question, but the
Courts either avoided decision or were pre-
vented by Congress from finally adjudicatIng
upon their constltutlonal1ty.
In Mississippi v. President Andrew John-
son, (4 Wall. 475-502), where the suIt sought
to enjoin the President of the United States
from enforcing provIsions of the Reconstruc-
tion Acts, the U.S. Supreme Court held that
the President cannot be enjoined because for
the Judicial Department of the government
to attempt to enforce the performance of
the duties by the President might be justly
characterized, In the language of ChIef Jus-
tice Marshall, as "an absurd and excessive
extravagance." The Court further saId that
If the Court granted the Injunction against
enforcement of the Reconstruction Acts, and
If the PresIdent refused obedIence, It Is need-
less to observe that the Court Is wIthout
power to enforce Its process.
In a joint action, the states of Georgia
and MissIssippi brought suit against the
PresIdent and the Secretary of War, (6 Wall.
50-78,154U.S.554).
The Court saId that:
"The bill then sets forth that the Intent
and design of the Acts of Congress, as ap-
parent on thler face and by their terms, are
to overthrow and annul thIs existing state
government, and to erect another and dif-
ferent government In Its place, unauthor-
Ized by the Constitution and in defiance of
Its guaranties; and that, in furtherance of
this Intent and design, the defendants, the
Secretary of War, the General of the Army,
and Major-General Pope, actIng under orders
of the President, are about setting in mo-
tion a portion of the army to take m!l!tary
possession of the state, and threaten to sub-
vert her government and subject her people
to m!l!tary rule; that the state Is holding
Inadequate means to resist the power and
force of the Executive Department of the
United States; and she therefore Insists that
such protection can, and ought to be afforded
by a decree or order of his court In the
premises."
The applications for injunction by these
two states to prohibit the Executive Depart-
ment from carrying out the provisions of
the Reconstruction Acts directed to the over-
throw of their government, Including this
dissolution of their state legislatures, were
denied on the grounds that the organization
of the government Into three great depart-
ments, the executive, legislative and judicial,
carried limitations of the powers of each by
the Constitution. This case when the same
way as the previous case of Mississippi
against President Johnson and was dismissed
without adjudicating upon the constitu-
tionality of the Reconstruction Acts.
In another case, ex parte William H. Mc-
Cardle (7 Wall. 506-515), a petition for the
writ of habeas corpus for unlawful restraint
by ml!!tary force of a citizen not In the
mll1tary service of the United States was
before the United States Supreme Court.
After the case was argued and taken under
advisement, and before conference In re-
gard to the deCision to be made, Congress
passed an emergency Act, (Act March 27,
1868, 15 Stat. at L. 44), vetoed by the
President and repassed over his veto, re-
pealing the jurisdiction of the U.S. Supreme
Court in such case. Accordingly, the Supreme
Court dismissed the appeal without passing
upon the constltutlonal1ty of the Recon-
struction Acts, under which the non-ml!!tary
citizen was held by the ml!!tary without
benefit of writ of habeas corpus, In viola-
tion of Section 9, Article I of the U.S. Con-
stitution which prohibits the suspension of
the writ of habeas corpus.
That Act of Congress placed the Recon-
struction Acts beyond judicial recourse and
avoided tests of constitutIonality.
It Is recorded that one of the Supreme
Court Justices, Grier, protested against the
action of the Court as follows:
"This case was fully argued In the begin-
ning of this month. It Is a case whIch In-
volves the liberty and rights, not only of
the appellant but of. millions of our fellow
cItIzens. The country and the parties had
a right to expect that It would receive the
Immediate and solemn attention of the
court. By the postponement of this case we
shall subject ourselves, whether justly or
unjustly, to the Imputation that we have
evaded the performance of a duty Imposed
on us by the Constitution, and waited for
Legislative InterpOSition to supersede our
action, and relieve us from responsib1llty.
I am not wllllng to be a partaker of the
eulogy or opprobrium that may follow. I
can only say ... I am ashamed that such
opprobrium should be cast upon the court
and that It cannot be refuted."
The ten States were organized Into Mil!tary
Districts under the unconstitutional "Re-
construction Acts," their lawfully constituted
Legislature Illegally were removed by "mil!-
tary force," and they were replaced by rump,
so-called Leglslature3, seven of which carrIed
out m1lltary orders and pretended to ratify
the 14th Amendment, as follows:
Arkansas on Aprll 6, 1868;38
North Carolina on July 2,1868;""
Florida on June 9, 1868; «>
LouIsIana on July 9,1868;41
South Carolina on July 9, 1868;40
Alabama on July 13, 1868;'3 and Georgia
on July 21, 1868 ....
6. Of the above 7 States whose Legislatures
were removed and replaced by rump, so-
called Legislatures, six (6) Legislatures of the
states of Louisiana, Arkansas, South Caro-
lina, Alabama, North CarOlina and Georgia
had ratIfied the 13th Amendment, as shown
by the Secretary of State's Proclamation of
December 18, 1865, without which 6 States'
ratifications, the 13th Amendment could not
and would not have been ratified because said
6 States made a total of 27 out of 36 States
or exactly three-fourths of the number re-
quIred by Article V of the Constitution for
ratification.
Furthermore, governments of the States
of Louisiana and Arkansas had been re-estab-
lished under a Proclamation Issued by Presi-
dent Abraham Lincoln December 8, 1863.'·
The government of North Carolina had
been re-establlshed under a Proclamation
Issued by President Andrew Johnson dated
May 29, 1865.'·
The government of Georgia had been re-
established under a proclamation Issued by
President Andrew Johnson dated June 17,
1865.'7
The government of Alabam,a had been re-
established under a Proclamation Issued by
President Andrew Johnson dated June 21,
1865."
The government of South Carolina' had
been re-establlshed under a Proclamation
issued by President Andrew Johnson dated
June 30, 1865 .. •
These three "Reconstruction Acts" O. under
which the above State Legislatures were 11-
legally removed and unlawful rump or pup-
pet so-called Legislatures were substituted
In a mock effort to ratify the 14th amend-
ment, were unconstitutional, null and VOid,
ab Initio, and all acts done thereunder were
also null and void, Including the purported
ratification of the 14th Amendment by said
6 Southern puppet State Legislatures of
38 McPherson, Reconstruction, p. 53.
30 House Journal 1868, p. 15, Senate Journal
1868, p. 15.
•• House Journal 1868, p. 9, Senate Journal
1868, p. 8.
n Sena te Journal 1868, p. 21.
42 House Journal 1868, p. 50, Senate Jour-
nal 1868, p. 12.
•• Senate Journal, 40th Congress, 2nd
Sessn. p. 725.
.. House Journal, 1868, p. 50.
•• Vol. I, pp. 288-306; Vol. II, pp. 1429-
1448-"The Federal and State Constitu-
tions," etc., compiled under Act of Con-
gress on June 30, 1906, Francis Newton
Thorpe, Washington Government printing
Office (1906).
.. Same, Thorpe, Vol. V, pp. 2799-2800.
<7 Same, Thorpe, Vol. II, PP. 809-822.
.. Same, Thorpe, Vol. I, pp. 116-132.
•• Same, Thorpe, Vol. VI, pp. 3269-3281.
00 14 Stat. p. 428, etc. 15 Stat. p. 14, etc.
June 13, 1967
CONGRESSIONAL RECORD - HOUSE 15645
Arkansas, North Carolina, Louisiana, South
Carolina, Alabama and Georgia.
Those Reconstruction Acts of Congress and
all acts and things unlawfully done there-
under were in violation of Article IV, Sec-
tion 4 of the United States Constitution,
which required the United States to guar_
antee every State in the Union a republi-
can form of government. They violated Arti-
cle I, Section 3, and Article V of the Con-
stitution, which entitled every State in the
Union to two Senators, because under pro-
visions of these unlawful Acts of Congress,
10 States were deprived of having two Sen-
ators, or equal suffrage in the Senate.
7. The Secretary of State expressed doubt
as to whether three-fourths of the required
states had ratified the 14th Amendment, as
shown by his Proclamation of July 20, 1868."
Promptly on July 21, 1868, a Joint Resolu-
tion 62 was adopted by the Senate and House
of Representatives declaring that three-
fourths of the several States of the Union had
ratified the 14th Amendment. That resolu-
tion, however, Included purported ratifica-
tions by the unlawful puppet Legislatures of
6 States, Arkansas, North CarOlina, Louisiana,
South Carolina and Alabama, which had pre-
viously rejected the 14th Amendment by ac-
tion of their lawfully constituted Legisla-
tures, as above shown. This Joint Resolution
assumed to perform the function of the Sec-
retary of State in whom Congress, by Act of
April 20, 1818, had vested the function of
issuing such proclamation declaring the rati-
fication of Constitutional Amendments.
The Secretary of State bowed to the action
of Congress and Issued his Proclamation of
July 28, 1868,62 in which he stated that he
was acting under authority of the Act of
April 20, 1818, but pursuant to said Resolu-
tion of July 21, 1868. He listed three-fourths
or so of the then 37 states as having ratified
the 14th Amendment, Including the pur-
ported ratification of the unlawful puppet
Legislatures of the States of Arkansas, North
Carolina, Louisiana, South Carolina and Ala-
bama, Without said 6 unlawful purported
ratifications there would hiwe been only 26
states left to ratify out of 37 when a mini-
mum of 28 states was required for ratification
by three-fourths of the States of the Union.
The Joint Resolution of Congress and the
resulting Proclamation of the Secretary of
State also included purported ratifications by
the States of Ohio and New Jersey, rtlthough
the Proclamation recognized the fact that
the Legislatures of said states, several months
previously, had withdrawn their ratifications
and effectively rejected the 14th Amendment
in January, 1868, and April, 1868.
Therefore, deducting these two states from
the purported ratifications of the 14th
Amendment, only 23 State ratifications at
most could be claimed; whereas the ratifica-
tion of 28 States, or three-fourths of 37
States in the Union, were required to ratify
the 14th Amendment.
From all of the above documented historic
facts, It Is Inescapable that the 14th Amend-
ment never was validly adopted as an article
of the Constitution, that it has no legal
effect, and It should be declared by the
Courts to be unconstitutional, and therefore
nUll, void and of no effect.
THE CONSTITUTION STRIKES THE 14TH AMEND-
MENT wrrH NULLITY
The defenders of the 14th Amendment
contend that the U.S. Supreme Court has
finally decided upon its validity. Such Is not
the case.
In what Is considered the leading case,
Coleman v. Miller, 307 U.S. 448, 69 S. Ct. 972,
the U.S. Supreme Court did not uphold the
validity of the 14th Amendment.
Gl 16 Stat. p. 706.
62 House Journal, 40th Congress, 2nd Sessn.
p. 1126 etc.
62 16 Stat. p. 708.
In that case, the Court brushed aside
constitutional questions as though they did
not exist. For Instance, the Court made the
statement that:
"The legislatures of Georgia, North Caro-
lina and South Carolnla had rejected the
amendment In November and December,
1866. New governments were erected in those
States (and in others) under the direction
of Congress. The new legislatures ratified
the amendment, that of North Carolina on
July 4, 1868, that of South Carolina on
July 9, 1868, and that of Georgia on July 21,
1868."
And the Court gave no consideration to the
fact that Georgia, North Carolina and South
CarOlina were three of the original states of
the Union with valid and existing constitu-
tions on an equal footing With the other
original states and those later admitted Into
the Union.
What constitutional right did Congress
have to remove those state governments and
their legislatures under unlawful military
power set up by the unconstitutional "Recon-
struction Acts," which had for their purpose,
the destruction and removal of these legal
state governments and the null1fication of
their Constitutions?
The fact that these three states and seven
other Southern States had existing Constitu_
tions, were recognized as states of the Union,
again and again; had been divided into judi-
cial districts for holding their district and
circuit courts of the United States; had been
called upon by Congress to act through their
legislatures upon two Amendments, the 13th
and 14th, and by their ratifications had ac-
tually made possible the adoption of the 13th
Amendment; as well as their state govern-
ments having been re-established under
Presidential Proclamations, as shown by
President Andrew Johnson's Veto message
and proclamations, were all brushed aside
by the Court in Coleman by the statement
that: " ~ e w governments were erected in
those States (and In others) under the di-
rection of Congress," and that these new leg-
islatures ratified the Amendment.
The U.S. Supreme Court overlooked that
It previously had held that at no time were
these Southern States out of the Union.
White v. Hart, 1871, 13 Wall. 646, 654.
In Coleman, the Court did not adjUdicate
upon the Invalidity of the Acts of Congress
which set aside those state Constitutions and
abolished their state leglslatures,-the Court
simply referred to the fact that their legally
constituted legislatures had rejected the 14th
Amendment and that the "new legislatures"
had ratified the Amendment.
The Court overlooked the fact, too, that
the State of Virginia was also one of the
original states with Its Constitution and Leg-
islatUre in full operation under its civil
government at the time.
The Court also Ignored the fact that the
other six Southern States, which were given
the same treatment by Congress under the
unconstitutional "Reconstruction Acts", all
had legal constitutions and a republican
form of government in each state, as was
recognized by Congress by Its admission of
those states Into the Union. The Court cer-
tainly must take judicial cognizance of the
fact that before a new state is admitted by
Congress Into the Union, Congress enaots an
Enabling Act to enable the inhabitants of
the territory to adopt a Constitution to set
up a republican form of government as a
condition precedent to the admission of the
state Into the Union, and upon approval of
such Constitution, Congress then passes the
Act of Admission of such state.
All this was ignored and brUShed aside
by the Court 1D the Coleman case. However,
In Coleman the Court inadvertently said
this:
"Whenever official notice Is received at the
Department of State that any amendment
proposed to the Constitution of the United
States has been adopted, according to the
provisions of the Constitution, the Secretary
of State shall forthwith cause the amend-
ment to be published, with his certificate,
specifying the States by which the same may
have been adopted, and that the same has
become valid, to all Intents and purposes, as
a part of the Constitution of the United
States."
In Hawke v. Smith, 1920, 253 U.S. 221, 40 S.
Ct. 227, the U.S. Supreme Court unmistakably
held:
"The fifth article Is a grant of authority
by the people to Congress. The determina-
tion of the method of ratification is the
exercise of a national power specifically
granted by the Constitution; that power Is
conferred upon Congress, and Is limited to
two methods, by action of the Legislatures
of three-fourths of the states, or conven-
tions In a like number of states. Dodge v.
Woolsey, 18 How. 331, 348, 16 L. Ed. 401. The
framers of the Constitution might have
adopted a different method. Ratification
might have been left to a vote of the people,
or to some authority of government other
than that selected. The language of the arti-
cle is plain, and admits of no doubt In its
Intrepretation. It Is not the function of
courts or legislative bodies, national or state,
to alter the method whiCh the Constitution
has fixed."
We submit that In none of the cases, in
which the Court avoided the constitutional
issues involved in the composition of the
Congress which adopted the Joint Resolution
for the 14th Amendment, did the Court pass
upon the constitutionality of the Congress
which purported to adopt the Joint Resolu-
tion for the 14th Amendment, with 80 Rep-
resentatives and 23 Senators, in effect,
forcibly ejected or denied their seats and
their votes on the Joint Resolution propos-
ing the Amendment, In order to pass the
same by a two-thirds vote, as pointed out In
the New Jersey Legislature Resolution on
March 27, 1868.
The constitutional requirements set forth
In Article V of the Constitution permit the
Congress to propose amendments only when-
ever two-thirds of both houses shall deem it
necessarY,-that Is, two-thirds of both
houses as then constituted without forcible
eJections.
Such a fragmentary Congress also violated
the constitutional reqUirements of Article V
that no state, without its consent, shall be
deprived Of Its equal suffrage in the Senate.
There is no such thing as giving life to an
amendment lllegally proposed or never legal-
ly ratified by three-fourths of the states.
There is no such thing as amendment by
laches; no such thing as amendment by
waiver; no such thing as amendment by ac-
quiescence; and no such thing as amend-
ment by any other means whatsoever except
the means specified In Article V of the Con-
stitution Itself.
It does not suffice to say that there have
been hundreds of cases decided under the
14th Amendment to supply the constitutional
deficiencies In Its proposal or ratification as
required by Article V. If hundreds of litigants
did not question the valldlty of the 14th
Amendment, or questioned the same per-
functorily without submitting documentary
proof of the facts of record which made its
purported adoption unconstitutional, their
failure cannot change the Constitution for
the millions In America. The same thing is
true of laches; the same thing Is true of
acquiescence; the same thing Is true of III
considered court decisions.
To ascribe constitutional life to an alleged
amendment which never came Into being
accordlng to specific methods laid down in
Article V cannot be done without doing vio-
lence to Article V Itself. This is true, because
the only question open to the courts Is
whether the alleged 14th Amendment be-
came a part of the Constitution through a
June 13, 1967
CONGRESSIONAL RECORD - HOUSE 15645
Arkansas, North Carolina, Louisiana, South
Carolina, Alabama and Georgia.
Those Reconstruction Acts of Congress and
all acts and things unlawfully done there-
under were in violation of Article IV, Sec-
tion 4 of the United States Constitution,
which required the United States to guar_
antee every State in the Union a republi-
can form of government. They violated Arti-
cle I, Section 3, and Article V of the Con-
stitution, which entitled every State in the
Union to two Senators, because under pro-
visions of these unlawful Acts of Congress,
10 States were deprived of having two Sen-
ators, or equal suffrage in the Senate.
7. The Secretary of State expressed doubt
as to whether three-fourths of the required
states had ratified the 14th Amendment, as
shown by his Proclamation of July 20, 1868."
Promptly on July 21, 1868, a Joint Resolu-
tion 62 was adopted by the Senate and House
of Representatives declaring that three-
fourths of the several States of the Union had
ratified the 14th Amendment. That resolu-
tion, however, Included purported ratifica-
tions by the unlawful puppet Legislatures of
6 States, Arkansas, North CarOlina, Louisiana,
South Carolina and Alabama, which had pre-
viously rejected the 14th Amendment by ac-
tion of their lawfully constituted Legisla-
tures, as above shown. This Joint Resolution
assumed to perform the function of the Sec-
retary of State in whom Congress, by Act of
April 20, 1818, had vested the function of
issuing such proclamation declaring the rati-
fication of Constitutional Amendments.
The Secretary of State bowed to the action
of Congress and Issued his Proclamation of
July 28, 1868,62 in which he stated that he
was acting under authority of the Act of
April 20, 1818, but pursuant to said Resolu-
tion of July 21, 1868. He listed three-fourths
or so of the then 37 states as having ratified
the 14th Amendment, Including the pur-
ported ratification of the unlawful puppet
Legislatures of the States of Arkansas, North
Carolina, Louisiana, South Carolina and Ala-
bama, Without said 6 unlawful purported
ratifications there would hiwe been only 26
states left to ratify out of 37 when a mini-
mum of 28 states was required for ratification
by three-fourths of the States of the Union.
The Joint Resolution of Congress and the
resulting Proclamation of the Secretary of
State also included purported ratifications by
the States of Ohio and New Jersey, rtlthough
the Proclamation recognized the fact that
the Legislatures of said states, several months
previously, had withdrawn their ratifications
and effectively rejected the 14th Amendment
in January, 1868, and April, 1868.
Therefore, deducting these two states from
the purported ratifications of the 14th
Amendment, only 23 State ratifications at
most could be claimed; whereas the ratifica-
tion of 28 States, or three-fourths of 37
States in the Union, were required to ratify
the 14th Amendment.
From all of the above documented historic
facts, It Is Inescapable that the 14th Amend-
ment never was validly adopted as an article
of the Constitution, that it has no legal
effect, and It should be declared by the
Courts to be unconstitutional, and therefore
nUll, void and of no effect.
THE CONSTITUTION STRIKES THE 14TH AMEND-
MENT wrrH NULLITY
The defenders of the 14th Amendment
contend that the U.S. Supreme Court has
finally decided upon its validity. Such Is not
the case.
In what Is considered the leading case,
Coleman v. Miller, 307 U.S. 448, 69 S. Ct. 972,
the U.S. Supreme Court did not uphold the
validity of the 14th Amendment.
Gl 16 Stat. p. 706.
62 House Journal, 40th Congress, 2nd Sessn.
p. 1126 etc.
62 16 Stat. p. 708.
In that case, the Court brushed aside
constitutional questions as though they did
not exist. For Instance, the Court made the
statement that:
"The legislatures of Georgia, North Caro-
lina and South Carolnla had rejected the
amendment In November and December,
1866. New governments were erected in those
States (and in others) under the direction
of Congress. The new legislatures ratified
the amendment, that of North Carolina on
July 4, 1868, that of South Carolina on
July 9, 1868, and that of Georgia on July 21,
1868."
And the Court gave no consideration to the
fact that Georgia, North Carolina and South
CarOlina were three of the original states of
the Union with valid and existing constitu-
tions on an equal footing With the other
original states and those later admitted Into
the Union.
What constitutional right did Congress
have to remove those state governments and
their legislatures under unlawful military
power set up by the unconstitutional "Recon-
struction Acts," which had for their purpose,
the destruction and removal of these legal
state governments and the null1fication of
their Constitutions?
The fact that these three states and seven
other Southern States had existing Constitu_
tions, were recognized as states of the Union,
again and again; had been divided into judi-
cial districts for holding their district and
circuit courts of the United States; had been
called upon by Congress to act through their
legislatures upon two Amendments, the 13th
and 14th, and by their ratifications had ac-
tually made possible the adoption of the 13th
Amendment; as well as their state govern-
ments having been re-established under
Presidential Proclamations, as shown by
President Andrew Johnson's Veto message
and proclamations, were all brushed aside
by the Court in Coleman by the statement
that: " ~ e w governments were erected in
those States (and In others) under the di-
rection of Congress," and that these new leg-
islatures ratified the Amendment.
The U.S. Supreme Court overlooked that
It previously had held that at no time were
these Southern States out of the Union.
White v. Hart, 1871, 13 Wall. 646, 654.
In Coleman, the Court did not adjUdicate
upon the Invalidity of the Acts of Congress
which set aside those state Constitutions and
abolished their state leglslatures,-the Court
simply referred to the fact that their legally
constituted legislatures had rejected the 14th
Amendment and that the "new legislatures"
had ratified the Amendment.
The Court overlooked the fact, too, that
the State of Virginia was also one of the
original states with Its Constitution and Leg-
islatUre in full operation under its civil
government at the time.
The Court also Ignored the fact that the
other six Southern States, which were given
the same treatment by Congress under the
unconstitutional "Reconstruction Acts", all
had legal constitutions and a republican
form of government in each state, as was
recognized by Congress by Its admission of
those states Into the Union. The Court cer-
tainly must take judicial cognizance of the
fact that before a new state is admitted by
Congress Into the Union, Congress enaots an
Enabling Act to enable the inhabitants of
the territory to adopt a Constitution to set
up a republican form of government as a
condition precedent to the admission of the
state Into the Union, and upon approval of
such Constitution, Congress then passes the
Act of Admission of such state.
All this was ignored and brUShed aside
by the Court 1D the Coleman case. However,
In Coleman the Court inadvertently said
this:
"Whenever official notice Is received at the
Department of State that any amendment
proposed to the Constitution of the United
States has been adopted, according to the
provisions of the Constitution, the Secretary
of State shall forthwith cause the amend-
ment to be published, with his certificate,
specifying the States by which the same may
have been adopted, and that the same has
become valid, to all Intents and purposes, as
a part of the Constitution of the United
States."
In Hawke v. Smith, 1920, 253 U.S. 221, 40 S.
Ct. 227, the U.S. Supreme Court unmistakably
held:
"The fifth article Is a grant of authority
by the people to Congress. The determina-
tion of the method of ratification is the
exercise of a national power specifically
granted by the Constitution; that power Is
conferred upon Congress, and Is limited to
two methods, by action of the Legislatures
of three-fourths of the states, or conven-
tions In a like number of states. Dodge v.
Woolsey, 18 How. 331, 348, 16 L. Ed. 401. The
framers of the Constitution might have
adopted a different method. Ratification
might have been left to a vote of the people,
or to some authority of government other
than that selected. The language of the arti-
cle is plain, and admits of no doubt In its
Intrepretation. It Is not the function of
courts or legislative bodies, national or state,
to alter the method whiCh the Constitution
has fixed."
We submit that In none of the cases, in
which the Court avoided the constitutional
issues involved in the composition of the
Congress which adopted the Joint Resolution
for the 14th Amendment, did the Court pass
upon the constitutionality of the Congress
which purported to adopt the Joint Resolu-
tion for the 14th Amendment, with 80 Rep-
resentatives and 23 Senators, in effect,
forcibly ejected or denied their seats and
their votes on the Joint Resolution propos-
ing the Amendment, In order to pass the
same by a two-thirds vote, as pointed out In
the New Jersey Legislature Resolution on
March 27, 1868.
The constitutional requirements set forth
In Article V of the Constitution permit the
Congress to propose amendments only when-
ever two-thirds of both houses shall deem it
necessarY,-that Is, two-thirds of both
houses as then constituted without forcible
eJections.
Such a fragmentary Congress also violated
the constitutional reqUirements of Article V
that no state, without its consent, shall be
deprived Of Its equal suffrage in the Senate.
There is no such thing as giving life to an
amendment lllegally proposed or never legal-
ly ratified by three-fourths of the states.
There is no such thing as amendment by
laches; no such thing as amendment by
waiver; no such thing as amendment by ac-
quiescence; and no such thing as amend-
ment by any other means whatsoever except
the means specified In Article V of the Con-
stitution Itself.
It does not suffice to say that there have
been hundreds of cases decided under the
14th Amendment to supply the constitutional
deficiencies In Its proposal or ratification as
required by Article V. If hundreds of litigants
did not question the valldlty of the 14th
Amendment, or questioned the same per-
functorily without submitting documentary
proof of the facts of record which made its
purported adoption unconstitutional, their
failure cannot change the Constitution for
the millions In America. The same thing is
true of laches; the same thing Is true of
acquiescence; the same thing Is true of III
considered court decisions.
To ascribe constitutional life to an alleged
amendment which never came Into being
accordlng to specific methods laid down in
Article V cannot be done without doing vio-
lence to Article V Itself. This is true, because
the only question open to the courts Is
whether the alleged 14th Amendment be-
came a part of the Constitution through a
15646 CONGRESSIONAL RECORD - HOUSE June 13, 1967
method required by Article V. Anything be-
yond that which a court Is called upon to
hold In order to valldate an amendment,
would be equivalent to writing Into Article V
another mode of the amendment which has
never been authorized by the people of the
United States.
On this point, therefore, the question Is,
was the 14th Amendment proposed and rati-
fied In accordance with Article V?
In answering this question, it Is of no real
moment that decisions have been rendered
In which the parties did not contest or sub-
mit proper evidence, or the Court assumed
that there was a 14th Amendment. If a stat-
ute never In fact passed by Congress, through
some error of administration and printing
got Into the published reports of the stat-
utes, and If under such supposed statute
courts had levied punishment upon a num-
ber of persons charged under It, and If the
error In the published volume was discovered
and the fact became known that no such
statute had ever passed In Congress, It Is un-
thinkable that the Courts would continue to
administer punishment In similar cases, on
a non-existent statute because prior decisions
had done so. If that be true as to a statute
we need only realize the greater truth when
the prinCiple is applied to the solemn ques-
tion of the contents of the Constitution.
While the defects In the method of propos-
Ing and the subsequent method of comput-
Ing "ratification" Is briefed elsewhere, it
should be noted that the failure to comply
with Article V began with the first action by
Congress. The very Congress which proposed
the alleged 14th Amendment under the first
part of Article V was Itself, at that very time,
violating the last part as weH as the first
part of Article V of the Constitution. We
shall see how this was done.
There Is one, and only one, provision of
the Constitution of the United States which
Is forever Immutable-which can never be
changed or expunged. The Courts cannot
alter It; the executives cannot change It; the
Congress cannot change It; the States them-
selves-even all the States In perfect con-
cert-cannot amend It In any manner what-
soever, whether they act through conven-
tions called for the purpose or through their
legislatures. Not even the unanimous vote of
every voter In the United States could amend
this provision. It Is a perpetual fixture In
the Constitution, so perpetual and so fixed
that If the people of the United States de-
sired to change or exclude It, they would be
compelled to abolish the Constitution and
start afresh.
The unalterable provision Is this: "that
no State, without consent, shall be de-
prived of Its equal suffrage In the Senate."
A state, by Its own consent, may waive
this right of equal suffrage, but that Is the
only legal method by which a failure to ac-
cord this Immutable right of equal suffrage
In the Senate can be justified, Certainly not
by forcible ejection and denial by a major-
Ity In Congress, as was done for the adoption
of the Joint ResolUtion for the 14th Amend-
ment.
Statements by thD Court In the Coleman
case that Congress was left In complete
control of the mandatory process, and there-
fore It was a political affair for Congress to
decide If an amendment had been ratified,
does not square with Article V of the Con-
stitution which shows no Intention to leave
Congress In charge of deciding whether there
has been a ratification. Even a constitution-
ally recognized Congress Is given but one
volition In Article V, that Is, to vote whether
to propose an Amendment on its own Initia-
tive. The remaining steps by Congress are
mandatory. If two-thirds of both houses shall
deem It necessary. Congress shall propose
amendments; If the Legislatures of two-
thirds of the States make application, Con-
gress shall caU a convention. For the Court
to give Congress any power beyond that to be
found In Article V Is to write the new mate-
rial Into Article V.
It would be Inconceivable that the Con-
gress of the United· States could propose,
compel submission to, and then give life
to an Invalid amendment by resolving that
Its effort had succeeded-regardless of com-
pliance with the positive provisions of Ar-
ticle V.
It should need no further citations to
sustain the proposition that neither the
Joint Resolution proposing the 14th Amend-
ment nor Its ratification by the required
three-fourths of the States In the Union
were In compliance with the requirements
of Article V of the Constitution.
When the mandatory provisions of the
Constitution are violated, the Constitution
Itself strikes with nulllty the Act that did
violence to its provisions. Thus, the Consti-
tution strikes with nullity the purported
14th Amendment.
The Courts, bound by oath to support the
ConstitUtion, should review all of the evi-
dence herein submitted and measure the
facts proving violations of the mandatory
provisions of the Constitution with Article
V, and finally render judgment declaring
said purported Amendment never to have
been adopted as required by the Constitu-
tion.
The Constitution makes It the sworn duty
of the judges to uphold the Constitution
which strikes with nullity the 14th Amend-
ment.
And, as Chief Justice Marshall pointed out
for a unanimous Court In Marbury v. Madison
(1 Cranch 136 @ 179) :
"The framers of the constitution contem-
plated the Instrument as a rule for the gov-
ernment of courts, as well as of the legisla-
ture,"
"Why does a judge swear to discharge his
duties agreeably to the constitution of the
United States, If that constitUtion forms no
rule for his government?" .
"If such be the real state of things, that
is worse than solemn mockery. To prescribe,
or to take this oath, becomes equally a
crime."

"Thus, the particular phraseology of the
constitution of the United States confirms
and strengthens the principle, supposed to
be essential to all written constl tu tions • • •
courts, as well as other departments, are
bound by that Instrument."
The federal courts actually refuse to hear
argument on the Invalidity of the 14th
Amendment, even when the Issue is pre-
sented squarely by the pleadings and the evi-
dence as above.
Only an aroused public sentiment In favor
of preserving the Constitution and our in-
stitutions and freedoms under constitutional
government, and the future security of our
country, will break the pOlitical barrier
which now prevents judicial consideration
of the unconstitutionality of the 14th amend-
ment.
THE MIDEAST CRISIS-NOT BACK-
WARD TO BELLIGERENCY BUT
FORWARD TO PEACE
Mr. PRYOR. Mr. Speaker, I ask
unanimous consent that the gentleman
from New York [Mr. TENZER] may ex-
tend his remarks at this point in the
RECORD and include extraneous matter.
The SPEAKER pro tempore. Is there
objection to the request of the gentleman
from Arkansas?
There was no objection.
Mr. TENZER. Mr. Speaker, the dis-
tinguished Foreign Minister of the Stl!-te
of Israel, Abba Eban, in his address to
the United Nations Security Council on
June 6, 1967, set .the theme for a lasting
peace in the Middle East so much de-
sired by all the peace-loving nations of
the world. His address was entitled,
"Not Backward to Belligerency but For-
ward to Peace."
On June 7, 1967, following the first
United Nations resolution calling for a
cease-fire in the Middle East, I stated to
a distinguished group of Americans Wll0
visited me in Washington as follows:
I deem it most Imperative that the terms
of the agreement to follow the cease fire
provide effective guarantees, to the end that
permanent peace may be established In the
Middle East.
The Interests of world peace would best
be served If the terms provide:
1. For recognition of the validity of the
sovereignty of the State of Israel by the
U.A.R. and other Arab states.
2. A reaffirmation that the Gulf of Aqaba
Is an International waterway and will re-
main open for free passage to shipping of all
nations through the Straits of Tlran.
3. An opening of the Suez Canal to ship-
ping of all nations.
4. An ending of terrorism and border raids
so that Israel may carry out its deSire to live
In peace with its neighbors.
5. For direct negotiations between Israel
and her Arab neighbors for the resolution
of other pending Issues.
Indeed, it is within the province of the
sovereign State of Israel to speak its
mind on the terms of the agreement to
follOW the cease-tire-the terms which in
its view will best insure permanent
peace in the Middle East. We on the
other hand take the opportunity to make
suggestions which in our opinion will
best secure the peace of the world-
thereby also serving the best interests
of the United States.
An elaboration of the five points sug-
gested on June 7, 1966, is accordingly
in order .
I. THE STATE OF ISRAEL A SOVEREIGN NATION
The state of Israel is a member of the
United Nations-a full-fledged member
of the family of nations. Though the in-
tegrity of her borders were guaranteed
by the major powers-three times in 20
years-the State of Israel was obliged
to go to war to put a stop to the viola-
tion of her boundary lines.
It is therefore basic to any plan for
permanent peace in the Middle East that
the sovereignty of the State of Israel be
recognized by her neighbors. This fact
cannot be questioned-this truth is and
should not be negotiable because its im-
port was underlined by the events of the
past 10 days.
The foundation for a permanent peace
in the IViiddle East must be the absolute
anli unqualified recognition by the Arab
States of the right of the State of Israel
to exist as a sovereign state among other
states. When this fOlmdation is
laid, then Israel and her Arab neigh-
bors can, through direct negotiations,
begin to build the structure leading to
permanent peace.
II. STRAIT OF TIRAN AN INTERNATIONAL
WATERWAY
Since 1950, Egypt has repeatedly given
assurances that the Strait of Tiran
would remain open for "innocent passage
15646 CONGRESSIONAL RECORD - HOUSE June 13, 1967
method required by Article V. Anything be-
yond that which a court Is called upon to
hold In order to valldate an amendment,
would be equivalent to writing Into Article V
another mode of the amendment which has
never been authorized by the people of the
United States.
On this point, therefore, the question Is,
was the 14th Amendment proposed and rati-
fied In accordance with Article V?
In answering this question, it Is of no real
moment that decisions have been rendered
In which the parties did not contest or sub-
mit proper evidence, or the Court assumed
that there was a 14th Amendment. If a stat-
ute never In fact passed by Congress, through
some error of administration and printing
got Into the published reports of the stat-
utes, and If under such supposed statute
courts had levied punishment upon a num-
ber of persons charged under It, and If the
error In the published volume was discovered
and the fact became known that no such
statute had ever passed In Congress, It Is un-
thinkable that the Courts would continue to
administer punishment In similar cases, on
a non-existent statute because prior decisions
had done so. If that be true as to a statute
we need only realize the greater truth when
the prinCiple is applied to the solemn ques-
tion of the contents of the Constitution.
While the defects In the method of propos-
Ing and the subsequent method of comput-
Ing "ratification" Is briefed elsewhere, it
should be noted that the failure to comply
with Article V began with the first action by
Congress. The very Congress which proposed
the alleged 14th Amendment under the first
part of Article V was Itself, at that very time,
violating the last part as weH as the first
part of Article V of the Constitution. We
shall see how this was done.
There Is one, and only one, provision of
the Constitution of the United States which
Is forever Immutable-which can never be
changed or expunged. The Courts cannot
alter It; the executives cannot change It; the
Congress cannot change It; the States them-
selves-even all the States In perfect con-
cert-cannot amend It In any manner what-
soever, whether they act through conven-
tions called for the purpose or through their
legislatures. Not even the unanimous vote of
every voter In the United States could amend
this provision. It Is a perpetual fixture In
the Constitution, so perpetual and so fixed
that If the people of the United States de-
sired to change or exclude It, they would be
compelled to abolish the Constitution and
start afresh.
The unalterable provision Is this: "that
no State, without consent, shall be de-
prived of Its equal suffrage In the Senate."
A state, by Its own consent, may waive
this right of equal suffrage, but that Is the
only legal method by which a failure to ac-
cord this Immutable right of equal suffrage
In the Senate can be justified, Certainly not
by forcible ejection and denial by a major-
Ity In Congress, as was done for the adoption
of the Joint ResolUtion for the 14th Amend-
ment.
Statements by thD Court In the Coleman
case that Congress was left In complete
control of the mandatory process, and there-
fore It was a political affair for Congress to
decide If an amendment had been ratified,
does not square with Article V of the Con-
stitution which shows no Intention to leave
Congress In charge of deciding whether there
has been a ratification. Even a constitution-
ally recognized Congress Is given but one
volition In Article V, that Is, to vote whether
to propose an Amendment on its own Initia-
tive. The remaining steps by Congress are
mandatory. If two-thirds of both houses shall
deem It necessary. Congress shall propose
amendments; If the Legislatures of two-
thirds of the States make application, Con-
gress shall caU a convention. For the Court
to give Congress any power beyond that to be
found In Article V Is to write the new mate-
rial Into Article V.
It would be Inconceivable that the Con-
gress of the United· States could propose,
compel submission to, and then give life
to an Invalid amendment by resolving that
Its effort had succeeded-regardless of com-
pliance with the positive provisions of Ar-
ticle V.
It should need no further citations to
sustain the proposition that neither the
Joint Resolution proposing the 14th Amend-
ment nor Its ratification by the required
three-fourths of the States In the Union
were In compliance with the requirements
of Article V of the Constitution.
When the mandatory provisions of the
Constitution are violated, the Constitution
Itself strikes with nulllty the Act that did
violence to its provisions. Thus, the Consti-
tution strikes with nullity the purported
14th Amendment.
The Courts, bound by oath to support the
ConstitUtion, should review all of the evi-
dence herein submitted and measure the
facts proving violations of the mandatory
provisions of the Constitution with Article
V, and finally render judgment declaring
said purported Amendment never to have
been adopted as required by the Constitu-
tion.
The Constitution makes It the sworn duty
of the judges to uphold the Constitution
which strikes with nullity the 14th Amend-
ment.
And, as Chief Justice Marshall pointed out
for a unanimous Court In Marbury v. Madison
(1 Cranch 136 @ 179) :
"The framers of the constitution contem-
plated the Instrument as a rule for the gov-
ernment of courts, as well as of the legisla-
ture,"
"Why does a judge swear to discharge his
duties agreeably to the constitution of the
United States, If that constitUtion forms no
rule for his government?" .
"If such be the real state of things, that
is worse than solemn mockery. To prescribe,
or to take this oath, becomes equally a
crime."

"Thus, the particular phraseology of the
constitution of the United States confirms
and strengthens the principle, supposed to
be essential to all written constl tu tions • • •
courts, as well as other departments, are
bound by that Instrument."
The federal courts actually refuse to hear
argument on the Invalidity of the 14th
Amendment, even when the Issue is pre-
sented squarely by the pleadings and the evi-
dence as above.
Only an aroused public sentiment In favor
of preserving the Constitution and our in-
stitutions and freedoms under constitutional
government, and the future security of our
country, will break the pOlitical barrier
which now prevents judicial consideration
of the unconstitutionality of the 14th amend-
ment.
THE MIDEAST CRISIS-NOT BACK-
WARD TO BELLIGERENCY BUT
FORWARD TO PEACE
Mr. PRYOR. Mr. Speaker, I ask
unanimous consent that the gentleman
from New York [Mr. TENZER] may ex-
tend his remarks at this point in the
RECORD and include extraneous matter.
The SPEAKER pro tempore. Is there
objection to the request of the gentleman
from Arkansas?
There was no objection.
Mr. TENZER. Mr. Speaker, the dis-
tinguished Foreign Minister of the Stl!-te
of Israel, Abba Eban, in his address to
the United Nations Security Council on
June 6, 1967, set .the theme for a lasting
peace in the Middle East so much de-
sired by all the peace-loving nations of
the world. His address was entitled,
"Not Backward to Belligerency but For-
ward to Peace."
On June 7, 1967, following the first
United Nations resolution calling for a
cease-fire in the Middle East, I stated to
a distinguished group of Americans Wll0
visited me in Washington as follows:
I deem it most Imperative that the terms
of the agreement to follow the cease fire
provide effective guarantees, to the end that
permanent peace may be established In the
Middle East.
The Interests of world peace would best
be served If the terms provide:
1. For recognition of the validity of the
sovereignty of the State of Israel by the
U.A.R. and other Arab states.
2. A reaffirmation that the Gulf of Aqaba
Is an International waterway and will re-
main open for free passage to shipping of all
nations through the Straits of Tlran.
3. An opening of the Suez Canal to ship-
ping of all nations.
4. An ending of terrorism and border raids
so that Israel may carry out its deSire to live
In peace with its neighbors.
5. For direct negotiations between Israel
and her Arab neighbors for the resolution
of other pending Issues.
Indeed, it is within the province of the
sovereign State of Israel to speak its
mind on the terms of the agreement to
follOW the cease-tire-the terms which in
its view will best insure permanent
peace in the Middle East. We on the
other hand take the opportunity to make
suggestions which in our opinion will
best secure the peace of the world-
thereby also serving the best interests
of the United States.
An elaboration of the five points sug-
gested on June 7, 1966, is accordingly
in order .
I. THE STATE OF ISRAEL A SOVEREIGN NATION
The state of Israel is a member of the
United Nations-a full-fledged member
of the family of nations. Though the in-
tegrity of her borders were guaranteed
by the major powers-three times in 20
years-the State of Israel was obliged
to go to war to put a stop to the viola-
tion of her boundary lines.
It is therefore basic to any plan for
permanent peace in the Middle East that
the sovereignty of the State of Israel be
recognized by her neighbors. This fact
cannot be questioned-this truth is and
should not be negotiable because its im-
port was underlined by the events of the
past 10 days.
The foundation for a permanent peace
in the IViiddle East must be the absolute
anli unqualified recognition by the Arab
States of the right of the State of Israel
to exist as a sovereign state among other
states. When this fOlmdation is
laid, then Israel and her Arab neigh-
bors can, through direct negotiations,
begin to build the structure leading to
permanent peace.
II. STRAIT OF TIRAN AN INTERNATIONAL
WATERWAY
Since 1950, Egypt has repeatedly given
assurances that the Strait of Tiran
would remain open for "innocent passage